NEPAL PEACE DEAL: TEETH, BUT NOT MUCH BITE

C O N F I D E N T I A L SECTION 01 OF 12 KATHMANDU 003091 SIPDIS SIPDIS E.O. 12958: DECL: 11/22/2016 TAGS: PGOV PTER PREL NP SUBJECT: NEPAL PEACE DEAL: TEETH, BUT NOT MUCH BITE REF: A. KATHMANDU 3063 ¶B. KATHMANDU 3014 KATHMANDU 00003091 001.3 OF 012 Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d). Summary -------------- ¶1. (C) The Government of Nepal (GON) and the Maoists signed a comprehensive peace accord on November 21, after finally coming to a consensus on the remaining sticking points (ref A). Although the accord calls for an end to violence and states that anyone found carrying weapons will be subject to Nepali law, there are no specific mechanisms in the agreement to respond to or sanction violations. The accord set up the locations of the cantonments for Maoist combatants and provides that the GON will feed them. The accord also calls for the creation of a Truth and Reconciliation Commission, but does not give information on how or when it will be formed. The agreement requests the United Nations to monitor human rights, arms management, and elections; however, it does not provide a mechanism for logistics or describe this monitoring mandate in any detail. Maoists have agreed to end all their "parallel government" structures immediately. The accord instructs both sides to stop all recruitment for their armed forces, and insists on the protection of children and women's rights in a "special way." Following the November 8 peace agreement (ref B),the accord provides for elections to a Constituent Assembly by June 2007. The King is stripped of all political powers by the agreement, and all royal property is to be nationalized. ¶2. (U) The full text of the agreement follows in para 12. Agreement In Last Hours On Remaining Points -------------- ¶3. (C) According to Dr. Suresh Chalise, foreign advisor to the Prime Minister, the GON and the Maoists did not reach a deal on the remaining two sticking points until early in the evening of November 21. The final two sticking points were the outlawing of weapons and re-establishment of police posts across the country (note: Two issues on which Post had insisted up until the signing. End note.). Adding to the final pressure to come to an agreement, at 3:00 p.m. the Ministry of Foreign Affairs issued an invitation to the diplomatic corps inviting Ambassadors to a signing ceremony at 6:00 p.m.. After a series of back-and-forth calls, at 6:15 p.m., Chalise informed the DCM that all issues had been addressed and the agreement was ready. Prime Minister Koirala and Maoist Supremo Prachanda signed the final agreement at a large public ceremony, which the Ambassador attended in the Birendra Convention Center, just before 8:30 p.m. ¶4. (SBU) In a speech after the signing ceremony, PM Koirala expressed confidence in the accord, stating that, "we have left behind the politics of violence, killings and murder and entered reconciliation." Prachanda, in a stern speech, assured the audience that the Maoists were "committed to implementing the agreement." Prachanda expressed hope for the future as well, stating that the accord had "given a new message to the world and provided a new ideology by resolving the conflict." End To Violence, But No Specific Mechanisms -------------- ¶5. (SBU) The peace accord calls for an immediate end to all forms of violence and intimidation by both the GON and the Maoists. It also calls for the Nepal Police and Armed Police Force (APF) to take action against anyone who "directly or indirectly" uses a weapon. The agreement says that the Nepal Police and APF should enforce this based on the "norms and sentiments of the People's Movement as well as prevailing law." ¶6. (SBU) For any disputes that arise under the agreement, the KATHMANDU 00003091 002 OF 012 two sides agreed that a National Peace and Reconciliation Commission would set up mechanisms to resolve disputes which may arise over the terms of the agreement. The composition and the procedures of the Commission are to be decided by the interim government, once it is formed. Both sides expressed commitment to live up to the agreement. The mechanisms for enforcement or sanctions for violations are to be decided by consensus by the interim government. ¶7. (SBU) The November 21 agreement calls for Maoist combatants to go into cantonments and store their weapons per the November 8 agreement. The agreement also states that the GON will provide for the feeding and care of the combatants once they are in camps. The agreement, like past agreements, does not specifically mention Maoist militia. UN Will Monitor Human Rights and Peace -------------- ¶8. (SBU) The accord calls on the UN Office of the High Commissioner for Human Rights (OHCHR) to continue monitoring human rights violations. It requests the UN to monitor the management of the armies of both sides based on the separate, identical letters both sides sent to UN Secretary General Annan in August. The agreement also asks the UN to supervise the election to the Constituent Assembly, which is set in the agreement to be held in June 2007. The accord further requests that the National Human Rights Commission (NHRC) monitor human rights compliance, although there is no provision for the appointment of new Commissioners. (Note: The NHRC has had no Commissioners for the past four months. End note.) Giving the agreement some teeth, both sides agreed to accept the UN and NHRC reports and to implement decisions based on the reports through consensus. No More Recruitment; Protect Children -------------- ¶9. (C) The agreement contains a provision that both sides will stop all recruitment into their armed forces, and that neither the GON nor the Maoists will recruit children who are under 18 years-old into their militaries. The agreement further promises to protect the rights of women and children in a "special way." Both sides agreed that any children under the age of 18 who were currently involved in any armed forces would be immediately rescued and suitable assistance provided for their rehabilitation. (Comment: This provision was in stark contrast to Maoist actions over the past week, when hundreds of children had been abducted and recruited into the Maoist People's Liberation Army. End comment.) King Is Out; Property Nationalized -------------- ¶10. (SBU) Under the peace accord, the King loses any authority to govern the country. In addition, all property the late King Birendra and his family owned will be put into a trust for use by the state. Any properties owned by King Gyanendra that he has obtained in his capacity as King shall be nationalized, including palaces and forests. The fate of the monarchy will be decided by a simple majority in the first meeting of the Constituent Assembly, as per the November 8 agreement. Comment -------------- ¶11. (C) The comprehensive peace accord is another step forward in Nepal's transition into a peaceful democracy. It remains to be seen whether Maoist actions will match their commitments. To date, the Maoists have broken every accord they have signed. In the days to come, it will be particularly important for the U.S. to assist the GON and the UN in the creation of specific mandates and mechanisms to enforce the accord. Putting a conclusive end to more than ten years of civil war will take more than this agreement. Transparent mechanisms will have to be created to maintain peace. The good news from our perspective is that peace in KATHMANDU 00003091 003 OF 012 Nepal is attainable. However, a robust role for the UN, especially in arms management, and active participation by the international community are essential to lasting peace. Full Text Of Peace Accord -------------- ¶12. (U) Below is the unofficial translation of the full text of the Comprehensive Peace Accord the GON and the Maoists signed on November 21: Begin Text. Comprehensive Peace Agreement signed between Government of Nepal and Communist Party of Nepal (Maoist) on November 21, 2006 Preamble Respecting the popular mandate of the Nepali people expressed in favor of democracy, peace, and progression through the historical struggles and People's Movements, time and again, from 1950 and even before until now; Reaffirming full commitment towards the twelve-point agreement reached between Seven Political Parties and the CPN (Maoist),the eight-point consensus, the twenty-five point Code of Conduct, the decision made in the meeting held between the leaders of the Seven Political Parties and CPN (Maoist) held on November 8, 2006 including all agreements, consensus, and codes of conduct reached between the Government of Nepal and the CPN (Maoist),and letters of similar viewpoints sent to the United Nations; Expressing determination for progressive restructuring of the state to resolve existing problems in the country; based on class, caste, regions, and sex; Reiterating a full commitment towards democratic values and acceptance, including a competitive multi-party democratic system of governance, civil liberties, fundamental rights, human rights, full press freedoms and the concept of rule of law; Remaining committed toward Universal Declaration of Human Rights, 1948, international humanitarian law, and basic principles and acceptance relating to human rights; Keeping democracy, peace, prosperity, progressive economic and social change and independence, indivisibility, sovereignty, and self respect of the country at the center; Expressing commitment to hold election to a Constituent Assembly in a free and fair manner by June 15, 2007; Declaring the beginning of a new chapter of peaceful collaboration by ending the armed struggle continued in the country since 1996 through political consensus between the two parties to ensure sovereignty of the Nepali People through Constituent Assembly, forward looking political resolution, democratic restructuring of the state and socio-economic and cultural transformation; This comprehensive peace agreement has been reached between the Government of Nepal and the CPN (Maoist) with commitment to transform the cease-fire between the Government of Nepal and the CPN (Maoist) into sustainable peace. ¶1. Preliminary 1.1. The name of this agreement is "Comprehensive Peace Agreement." In short, the agreement shall be called Peace Agreement. 1.2. The agreement shall come into force after public declaration by the Government and the Maoists. 1.3. Both sides shall give necessary directives to all of the KATHMANDU 00003091 004 OF 012 agencies under their control for immediate implementation of this agreement and to abide by and implement it. 1.4. All the agreements, consensus and decisions reached between the Seven Political Parties, the Government and the Maoists that are enclosed in the Annex shall be an integral part of this agreement. 1.5. The consensus and agreements to be reached hereafter for the implementation of this agreement shall also be an integral part of this agreement. ¶2. Definitions: Unless the subject and context mean otherwise, in this agreement: (a) "Cease-fire" means the act to negate all forms of aggression, kidnappings, disappearances, or taking into custody aimed at each other between the Government of Nepal and the CPN (Maoist),mobilization and strengthening of armed forces, destruction in society by any means including aggression and activities of violence and acts of incitement and instigation. (b) "Interim Constitution" means "Interim Constitution of Nepal 2063 (2006)" to be issued until the drafting and enforcement of a new Constitution by the Constituent Assembly. (c) "Interim Council of Ministers" means "Interim Council of Ministers" to be formed according to the Interim Constitution. (d) "Both the Parties" means the party of the Government of Nepal and the party of the Communist Party of Nepal (Maoist). (e) "Prevailing Law" means the Interim Constitution of Nepal 2063 (2006) and prevailing Nepali Laws that are not inconsistent with it. However, this definition shall not obstruct legal arrangements that existed before enforcement of the Interim Constitution of 2063. (f) "Verification" means the subject of verification and true record keeping of military, combatants, and arms by the United Nations. ¶3. Political, Economic, and Social Transformation and Conflict Management Both the parties are in agreement to adopt following policy and program for political-economic and social transformation and to affirmatively resolve existing conflict in the country: 3.1. To ensure forward moving political, economic, and social transformation on the basis of decision made in summit meeting between the Seven Political Parties and the CPN (Maoist) held on Nov. 8, 2006 (Annex-6) 3.2. To guarantee the sovereignty inherent in the Nepali People in practice by forming an Interim Legislature/Parliament according to the Interim Constitution and by holding an election to a Constituent Assembly in a free and fair manner by June 15, 2006 by Interim Government. 3.3. To not allow any authority regarding the affairs of governance of the country to remain with the king. To bring the properties of the late King Birendra, late queen Aishwarya and their family under control of the Government of Nepal and to make use of that property in the interest of the state by forming a trust. To nationalize all the properties (palaces situated in different places, forest and parks, heritages with historical and archeological importance) received by King Gyanendra in his capacity as the King. To decide the issue of whether or not to retain the monarchy by a simple majority during the first meeting of the Constituent Assembly. KATHMANDU 00003091 005 OF 012 3.4. To adopt a political system that complies with universally accepted fundamental human rights, multi-party competitive democratic system, sovereignty inherent in the people, supremacy of the people, constitutional checks and balances, rule of law, social justice, equality, an independent judiciary, periodic elections, monitoring by civil society, complete press freedom, people's right to information, transparency and accountability in the activities of political parties, people's participation, impartial, competent, and fair concept of bureaucracy. 3.5. To address the problems related to women, Dalits, indigenous peoples, Janajatis, Madheshis, oppressed, neglected, minorities and the backward by ending discrimination based on class, caste, language, sex, culture, religion, and region and to restructure the state on the basis of inclusiveness, democracy and progression by ending the present centralized and unitary structure of the state. 3.6. To keep implementing, with mutual consensus, common minimum programs for the economic and social transformation to end all forms of feudalism. 3.7. To adopt a policy to implement a scientific land reform program by ending the feudalistic system of land holding. 3.8. To follow a policy for the protection and promotion of national industries and resources. 3.9. To adopt a policy to establish rights of all citizens in education, health, housing, employment and food reserve. 3.10. To adopt a policy to provide land and other economic protection to landless squatters, Kamaiyas, Halias, Harwas, Charwas and economically backward sections of society. 3.11. To adopt a policy to severely punish people amassing properties by means of corruption while remaining in government posts. 3.12. To form a common development concept for economic and social transformation and justice and to make the country developed and economically prosperous at the earliest. 3.13. To follow a policy to increase investment in industries, trade and export promotion in order to increase opportunities for income generation by ensuring professional rights of laborers. ¶4. Management of Army and Arms In order to hold election to a Constituent Assembly in a free and fair manner and for the democratic restructuring of the Army, to proceed with the following works according to the twelve-point agreement, eight-point consensus, twenty-five point Code of Conduct, five-point letters sent to United Nations and the decision taken by summit meeting held on November 8: Relating to the Maoist Army- 4.1 As per the commitment expressed in the letter sent on behalf of the Government of Nepal and the CPN (Maoist) to the United Nations on August 9, 2006, the Maoist Army combatants shall remain within the following cantonments. The UN shall verify and monitor them. The main Cantonments shall remain in the following locations: ¶1. Kailali ¶2. Surkhet ¶3. Rolpa ¶4. Nawalparasi ¶5. Chitwan ¶6. Sindhuli ¶7. Ilam KATHMANDU 00003091 006 OF 012 Three sub-cantonments shall be placed in the periphery of each of these main cantonments. 4.2. After placing the Maoist combatants within the cantonments, all the arms and ammunition except those required for providing security to the cantonments shall be securely stored and put in a single lock, and the keys shall remain with the concerned side. The UN shall monitor the process of placing the weapons under the single lock by keeping records and installing a device along with siren. In case of a need to examine the weapons placed under the single lock, the UN shall do so in the presence of the concerned side. All the technical details along with camera monitoring shall be prepared under a joint agreement of the UN, CPN (Maoist) and the Government of Nepal. 4.3. The government of Nepal shall make all the necessary arrangements, including rations needed, for the Maoist combatants after placing them within the cantonments. 4.4. The Interim Council of Ministers shall form a special committee to look after integration and rehabilitation of the Maoist combatants. 4.5. Security arrangements of the Maoist leaders would be worked out with Government consensus. Relating to the Nepali Army- 4.6. According to the commitment expressed in the letters sent to the UN, the Nepali Army shall be confined within its barracks with a guarantee that its arms shall not be used for or against any side. The Nepali Army shall store a number of arms equal to that of the Maoists, and seal them in a single lock and keep the key with the concerned side. In case of a need to examine the stored arms, the UN would do so in the presence of the concerned side. For the purpose of monitoring the locking process, the UN shall install devices including a camera. In the event of an inspection of stored arms, the UN would do it in the presence of the concerned side. Details of monitoring by camera and other technical details would be worked out as per mutual consensus of the Government of Nepal, the Maoists, and the UN. 4.7. The Interim Council of Ministers shall control, mobilize and manage the Nepali Army as per the new Military Act. The Interim Council of Ministers shall prepare and implement a detailed action plan of democratization of the Nepali Army by taking suggestions from the concerned committee of the Interim Parliament. This shall include tasks such as: determining the right number of soldiers in the Nepali Army, preparing a democratic structure reflecting a national and inclusive character, and training them as per the democratic principles and values of human rights. 4.8. The Nepali Army shall continue tasks such as border security, security of the conservation areas, protected areas, banks, airports, power houses, telephone towers, the Central Secretariat, and security of VIPs. ¶5. Cease-Fire 5.1. Termination of military action and armed mobilization: 5.1.1. Both sides express commitment to refrain from carrying out the following activities: a. Direct or indirect use of any type of weapon or acts of attack against each other. b. Searching or confiscating weapons belonging to the other side at the place where the arms have been stored as per the understanding reached between both sides, whether in an armed outfit or unarmed. c. Hurting or rendering mental pressure to any individual. d. Setting up ambush targeting any side. e. Involvement in murder or violent activities. f. Involvement in abduction, detention, imprisonment, or disappearance. g. Aerial attacks or bombardment. KATHMANDU 00003091 007 OF 012 h. Mining and sabotaging. i. Spying military activities of any side. 5.1.2. Both sides shall not recruit additional armed forces or conduct military activities, including transporting weapons, ammunitions, or explosives. However, the security forces deployed by the interim government shall have authority to conduct routine patrols, explore in order to prevent illegal trafficking of weapons, explosives, or raw materials used in assembling weapons at the international border or custom points and seize them. 5.1.3. No individual or group shall bear any illegal weapons, ammunitions or explosives while traveling. 5.1.4. Both sides shall assist each other to mark the land mines and booby-traps used during the time of armed conflict by providing necessary information within 30 days and defuse and excavate them within 60 days. 5.1.5. Armies of both sides shall not bear arms or wear combat fatigues during any public programs, political meetings or civil assemblies. 5.1.6. The Nepal Police and Armed Police Force shall continue the task of maintaining the legal system and law and order along with criminal investigations as per the norms and sentiments of the People's Movement and peace accord as well as prevailing law. 5.1.7. Both sides shall issue a circular to its respective armed bodies or personnel to stop addressing any armed personnel of opposite side by the term 'enemy' or behave in a similar manner. 5.1.8. Both sides agree to maintain a record of the government, public, and private buildings, land and other property seized, locked up or not allowed to be used in the course of the armed conflict and return them back immediately. 5.2 Situation Normalization Measures: 5.2.1. Collection of cash or kind and tax collection against one's wish and against the existing law shall not be allowed. 5.2.2. Both sides agree to make public the status of the people under one's custody and release them within 15 days. 5.2.3. Both sides also agree to make public within 60 days of signing of the agreement the real name, caste and address of the people made 'disappeared' or killed during the conflict and also inform their family members about it. 5.2.4. Both sides agree to constitute a National Peace and Rehabilitation Commission and carry out works through it to normalize the adverse situation arising as a result of the armed conflict, maintain peace in the society and run relief and rehabilitation works for the people victimized and displaced as a result of the conflict. 5.2.5. Both sides agree to set up a High-level Truth and Reconciliation Commission per mutual consensus in order to probe those involved in serious violations of human rights and crimes against humanity in the course of the armed conflict and develop an atmosphere for reconciliation in the society. 5.2.6. Both sides pledge to abandon all types of war, attack, counter-attack, violence and counter-violence in the country with a commitment to ensure democracy, peace and forward-looking change in Nepali society. It is also agreed that both sides would assist one another in the establishment of peace and maintenance of law and order. 5.2.7. Both sides guarantee to withdraw accusations, claims, complaints and under-consideration cases leveled against various individuals due to political reasons and immediately KATHMANDU 00003091 008 OF 012 make public the state of those imprisoned and immediately release them. 5.2.8. Both sides express the commitment to allow without any political prejudice the people displaced due to the armed conflict to return back voluntarily to their respective ancestral or former residence, reconstruct the infrastructure destroyed as a result of the conflict and rehabilitate and reintegrate displaced people into society. 5.2.9. Both sides agree to take individual and collective responsibility of resolving, with also the support of all political parties, civil society and local institutions, any problems arising in the aforementioned context on the basis of mutual consensus and to create an atmosphere conducive for normalization of mutual relations and reconciliation. 5.2.10. Both sides express a commitment not to discriminate against or exert any kind of pressure on any member of the family of the two sides or on the basis of being related to one another. 5.2.11. Both sides agree not to create any kind of obstacle or allow any kind of obstruction to be created in the independent traveling, assuming of duties and executing of work by the Government of Nepal and Public Bodies' employees and to assist them in their work. 5.2.12. Both sides agree to allow unrestricted traveling as per the law within Nepal to the United Nations, International Donors Agencies and Diplomatic Missions based in Nepal, National and International Non-Governmental Organizations, Press, Human Rights Activists, Election Observers and foreign tourists. 5.2.13. Both sides are committed to operating publicity programs in a decent and respectable manner. ¶6. End of conflict 6.1. On the basis of the historical agreement reached between the Seven Political Parties and the CPN (Maoist) on November 8, 2006, we declare an end to the armed conflict ongoing in the country since 1995 by giving permanency to the ongoing cease-fire between the Government and the Maoists. 6.2. The decisions taken by the meeting on November 8, 2006 of the senior leaders of the Seven Political Parties and the CPN (Maoist) would be the main policy basis for long-term peace. 6.3. Following the arrival of the Nepali Army in the barracks and the Maoist Army combatants in temporary camps, holding, display and use of violence and arms for creating fear and terror and in any form against the agreement and law would be legally punishable. 6.4. Army of both the sides would not be allowed to publicize for or against any side or support or protest any side. But they shall not be deprived of their right to vote. ¶7. Human Rights, Fundamental Rights and Adherence to Humanitarian Law By remaining committed to the Universal Declaration of Human Rights, 1948, the International Humanitarian Law and fundamental principles and standards of human rights, both sides expressed their agreement to the following issues: 7.1. Human Rights: 7.1.1. Both sides reiterate their commitment to the respect and protection of human rights and to international humanitarian law and accept that nobody should be discriminated against on the basis of color, gender, language, religion, age, race, national or social origin, wealth, disability, birth or other status, thought or belief. KATHMANDU 00003091 009 OF 012 7.1.2. Both sides agree to create an atmosphere where the Nepali people can enjoy their civil, political, economic, social and cultural rights and are committed to ensuring that such rights are not violated under any circumstances in the future. 7.1.3. Both sides express the commitment that impartial investigation and action under the law would be carried out against the people responsible for creating obstructions to exercising the rights envisaged in the letter of agreement and guarantee not to encourage impunity. Apart from this, they shall also guarantee the right to relief of the families of the conflict, torture victims, and the disappeared. 7.1.4. Both sides would not be involved in acts of torture, kidnapping or forcing civilians in any work and take necessary action to discourage such acts. 7.1.5. On the basis of norms and values of secularism, both sides shall respect the social, cultural, religious sensitivity, religious sites and the religious faith of the individual. 7.2. Right to Live: 7.2.1. Both sides respect and protect the fundamental right to live of an individual. Nobody shall be deprived of this fundamental right and no law shall be formulated to award the death penalty. 7.3. Right to Individual Dignity, Freedom and Mobility 7.3.1. Both sides would respect and protect the right to individual dignity. In this connection, no person, including those deprived of enjoying freedom under the law, would be subjected to torture or any other cruel, inhuman or degrading behavior or punishment. The citizen's right to confidentiality shall be respected. SIPDIS 7.3.2. Both sides shall fully respect the individual's right to freedom and security and shall not be allowed to keep anyone under arbitrary or illegal detention, kidnap or hold captive. Both sides agree to make public the status of every individual made 'disappeared' and held captive and inform about this to their family members, legal advisor and other authorized person. 7.3.3. Both sides shall respect and protect the citizens' right to free mobility and the freedom to choose within legal norms the location of one's residence and express the commitment to respect the right of the people displaced by the conflict and their families to return back to their homes or to settle in any other location of their choice. 7.4. Civil and Political Rights 7.4.1. Both sides are committed to respect the individual's freedom of speech, expression, setting up organizations and holding peaceful gatherings and right to freedom from exploitation. 7.4.2. Both sides respect the right of every citizen to take part directly or through one's selected representative in issues of public concern, to vote, to be elected and equality in joining of public services. 7.4.3. Both sides are committed to respect the individual's right to be informed. 7.5. Economic and Social Rights 7.5.1. Both sides are committed to respect and protect the individual's right to livelihood through employment of their choice or acceptance. 7.5.2. Both sides are committed to respecting and guaranteeing the rights of food security of all the people. They guarantee that there would be no interference in the KATHMANDU 00003091 010 OF 012 transportation, use and distribution of food, food products and food grains. 7.5.3. Both sides identify the fact that the citizens' right to health should be respected and protected. Both sides will not create hurdles in the supply of medicines and in health assistance and campaigns, and express commitment for treatment and rehabilitation of the people injured in course of the conflict. 7.5.4. With the realization of the fact that the right to education should be guaranteed and respected, both sides are committed to maintaining a conducive academic environment in the educational institutions. Both sides agree to guarantee the right to education would not be impeded. They agree to put to an end, on an immediate basis, activities like taking the educational institutions under control and using them, abducting teachers and students, taking them under control and making them to disappear, and to not establish barracks in a way that would impede them. 7.5.5. Both sides agree that the private property of any individual would not be seized or usurped, except permitted by the laws. 7.5.6. Both sides believe in the fact that the industrial climate in the country should not be disturbed and production should be given continuity and that the right of collective bargaining and social security should be respected. They also believe in the fact that if any problem arises between the business houses and laborers, they should be encouraged to resolve the problem in a peaceful manner. Both sides respect the right to work prescribed by the International Labor Organization. 7.6. Women and Child Rights 7.6.1. Both sides fully agree to protect the rights of women and children in a special way, to immediately stop all types of violence against women and children, including child labor as well as sexual exploitation and abuse. They also fully agree not to include or use children who are 18 years-old and below in the armed forces. Children thus affected would be instantaneously rescued and necessary and suitable assistance would be provided for their rehabilitation. 7.7. Right of Personal Liberty 7.7.1. Both sides agree to the freedom of opinion and expression; freedom to assemble peaceably and without arms; freedom of movement; freedom to practice any profession, or to carry on any occupation, industry, or trade; press and publication rights; the freedom to take part in peaceful political activities; the right of equality before the law; and to implement and have a tolerable system of justice. ¶8. Dispute Settlement and Implementation Mechanism 8.1. Both sides agree to become responsible and accountable in a personal and collective way and not to repeat in future mistakes committed in the past and also to correct these mistakes on a gradual basis. 8.2. The National Peace and Rehabilitation Commission can set up mechanisms per the need for making the campaign for peace successful. The composition and working procedures of the Commission would be as determined by the Interim Council of Ministers. 8.3. Both sides are committed to settle all kinds of present or possible future mutual differences or problems through mutual talks, understanding, consensus, and dialogue. 8.4. Both sides express commitment that the Interim Council of Ministers can constitute and determine the working procedures of the National Peace and Rehabilitation Commission, the Truth and Reconciliation Commission, the High-Level State Restructuring Recommendation Commission and KATHMANDU 00003091 011 OF 012 other mechanisms as per the need to implement this agreement, the Interim Constitution and all the decisions, agreements and understandings reached between the Seven-Party Alliance, the Government of Nepal and the CPN (Maoist). ¶9. Implementation and Follow-up Both sides have agreed to make the following arrangements for the implementation of the understandings mentioned in this agreement and for their follow-up: 9.1. Both sides agree to give continuity to the task of monitoring of human rights provisions mentioned in this agreement by the United Nations Office of the High Commissioner for Human Rights, Nepal. 9.2. Both sides agree for the monitoring of the management of arms and the armies by the United Nations Mission in Nepal as mentioned in the five-point letters sent to the UN earlier and in the present agreement. 9.3. Both sides agree to get the United Nations to supervise the election to the Constituent Assembly. 9.4. The National Human Rights Commission shall also carry out works related to the monitoring of human rights as mentioned in this agreement together with the responsibility assigned to it under the laws. In connection with carrying out its works, the Commission can take the help of national and international human rights organizations after maintaining necessary coordination with them. 9.5. Both sides agree to accept the reports submitted by the above-mentioned bodies, to provide the information requested by them, and to implement the suggestions and recommendations given by them on the basis of consensus and dialogue. ¶10. Miscellaneous 10.1. Both sides agree not to operate parallel or any form of structures in any areas of the state or government structure as per the letter of the decisions of November 8 and the spirit of the peace agreement. 10.2. Both sides accept to sign any complementary agreements, as necessitated, for the implementation of the present agreement. 10.3. This agreement can be revised any time with the consent of both sides. Both sides agree to provide to each other prior written information if they wish to make any changes. The amendments could be made to the agreement with the consent of both sides after receiving the information. The provisions to be made by such an amendment would not be below the minimum standards of the accepted international human rights and humanitarian laws. 10.4. If any disputes arise in any interpretation of this agreement, a joint mechanism comprising both sides shall make the interpretation on the basis of the preamble and the documents included in the schedule of this agreement, and this interpretation would be final. 10.5. The concept of 'two sides' as mentioned in this agreement would automatically cease to exist after the constitution of the Interim Legislature/Parliament. Thereafter, all the responsibility of implementing the obligations stated in this agreement shall be as per the arrangements made by the Interim Council of Ministers. It would be the duty and responsibility of all the political parties to extend cooperation in the compliance and implementation of the agreement. 10.6. We heartily appeal to one and all to extend cooperation for resolving their problems and demands through talks and dialogue and for holding the election to the Constituent Assembly and maintaining the law and order, at a time when the entire country is focused on the main campaign of the KATHMANDU 00003091 012 OF 012 election of the Constituent Assembly. 10.7. We heartily appeal to civil society, the professional groups, the class organizations, the media, the intellectual community and all the Nepali people to actively participate in this historic campaign of building a new Nepal and establishing lasting peace through the election of the Constituent Assembly by ending the armed conflict. 10.8. We heartily urge all the friendly countries and the United Nations, as well as the International Community to extend support to Nepal in this campaign of establishing full democracy and lasting peace. Cognizant of the responsibility of the future of the country and the People, and becoming fully committed to this Comprehensive Peace Agreement, we, on behalf of the Government of Nepal and the Communist Party of Nepal (Maoist),hereby make public this Comprehensive Peace Agreement after signing it. Prachanda Girija Prasad Koirala President Prime Minister Communist Party of Government of Nepal Nepal (Maoist) Signed on November 21, 2006 End Text. MORIARTY