Annexes

Annex I: List of the Members of the Reform CommitteeConstituted by Rana Prime Minister Maharaja PudmaShumsher on April 28, 1947

SN Name Designation

1 Shree Bahadur Shumsher J. B. R Chairman2 Shree Singh Shumsher J. B. R. Member3 Shree Krishna Shumsher J. B. R Member4 Shree Mrigendra Shumsher J. B. R Member5 Shree Brahma Shumsher J. B. R Member6 Shree Sharada Shumsher J. B. R Member7 Shree Vijaya Shumsher J. B. R Member8 Nayab Bada Guruju Shree Heramba Raj Pandey Member9 Badakaji Shree Ratnaman Singh Member10 Sardar Shree Gunjaman Singh Member11 Sardar Narendra Mani Acharya Dixit Member12 Shree Subarna Shumsher J. B. R. Member-Secretary13 Shree Kul Nath Lohani Advisor

Source: Regmi, Mukunda (2004). Constitutional development: Constitution of the Kingdom ofNepal 1990. Kathmandu: Mrs. Sita Devi Regmi

S. Bhandari, Self-Determination & Constitution Making in Nepal: Constituent Assembly,Inclusion, & Ethnic Federalism, DOI 10.1007/978-981-287-005-6,© Springer ScienceCBusiness Media Singapore 2014

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214 Annexes

Annex II: List of the Members of the Drafting Committeeof the 1951 Constitution—Interim Government Act of Nepal

SN Name Designation

1 Shree Mohan Shumsher JungaBahadur Rana (J. B. R.)

Prime Minister

2 Shree Babar Shumsher J. B. R. Minister for Defense3 Shree Bisheshwar Prasad Koirala Home Minister4 Shree Subarna Shumsher Minister for Finance5 Shree Chunda Raj Shumsher Minister for Forests6 Shree Ganesh Man Singh Minister for Industry and Commerce7 Shree Nirpajung Rana Minister for Education8 Shree Bhadra Kali Mishra Minister for Transportation9 Shree Yagya Bahadur Basnet Minister for Health and Self-Governance10 Shree Bharat Mani Sharma Minister for Food and Agriculture

Source: Regmi, Mukunda (2004). Constitutional development: Constitution of the Kingdom ofNepal 1990. Kathmandu: Mrs. Sita Devi Regmi

Annex III: List of the Members of the Constitution DraftingCommittee Constituted by King Mahendra on January 2,1958, Which Drafted the Constitution of the Kingdomof Nepal, 1959

SN Name Designation

1 Shree Bhagwati Prasad Singh, Acting ChairmanPublic Service Commission

Chairman

2 Shree Ramraj Pant, Principle Law College Member3 Shree Surya Prasad Upadhyaya Member4 Shree Ranadhir Subba Member5 Shree Hora Prasad Joshi Member and Secretary

Source: Nepal Gazette, Vol. 7, No. 49 (March 24, 1958)

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Annex IV: List of the Members of the Constitution DraftingCommittee Constituted by King Mahendra on May 8, 1962,Which Drafted the Constitution of Nepal, 1962

SN Name Designation

1 Shree Rishikesh Shah, Finance Minister Chairman2 Shree Shambhu Prasad Gyanwali, Attorney General Member3 Shree Prakash Bahadur Khatri, Chief Judge of Tax

CourtMember

4 Mrs. Angur Baba Joshi, Principal Pudma KanyaCampus

Member

5 Shree Dambar Narayan Yadav Member6 Shree Kul Shekhar Sharma Member-Secretary

Source: Regmi, Mukunda (2004). Constitutional development: Constitution of the Kingdom ofNepal 1990. Kathmandu: Mrs. Sita Devi Regmi

Annex V: List of the Members of the ConstitutionRecommendation Commission of the 1990 Constitution

SN Name Designation

1 Mr. Bishow Nath Upadhyaya, Judge Supreme Court of Nepal Chairman2 Mr. Pradyumna Rajbhandari Member3 Senior Advocate Ramananda Prasad Singh Member4 Senior Advocate Laxman Prasad Aryal Member5 Senior Advocate Mukunda Regmi Member6 Advocate Daman Nath Dhungana Member7 Mr. Nirmal Lama, Leader, Left Unity Member8 Mr. Madhav Nepal, Leader, CPN UML Member9 Advocate Bharat Mohan Adhikari Member

Source: CRC (1990). Constitution of the Kingdom of Nepal and explanatory note. Kathmandu:CRC

216 Annexes

Annex VI: Agreement of the Third Round NegotiationsBetween the Government of Nepal and the Communist Partyof Nepal (Maoist) That Constituted a Drafting Committeeof the Interim Constitution of Nepal, 2007

The following agreement has been reached between the Government of Nepal andthe CPN (Maoists):

Ensuring the people’s rights obtained by the people through the people’s move-ment in 1990, the commitment expressed in the 12-Point Understanding betweenthe Seven Political Parties and the CPN (Maoists), and democratic rights achievedthrough the recently held historical people’s movement, the Interim ConstitutionDrafting Committee as follows has been formed to prepare a draft of the InterimConstitution as per the spirit of Preamble of the Code of Conduct agreed betweenthe Government of Nepal and the CPN (Maoists) on May 26, 2006.

ICDC was constituted on May 26, 2006 On July 15, 2006, additional nine memberswere included to the ICDC

1. Coordinator Mr. Laxman Prasad Aryal Mr. Agni Kharel2. Member Mr. Harihar Dahal Ms. Puspa Bhusal3. Member Mr. Sindhu Nath Pyakurel Ms. Sushila Karki4. Member Mr. Sambhu Thapa Ms. Chhatra Kumari Gurung5. Member Mr. Mahadev Yadav Ms. Shanta Rai6. Member Mr. Khimlal Devkota Mr. Sunil Prajapati

Mr. Parshuram JhaMr. Chandeshwar ShresthaMr. Kumar Yonjan TamangOn July 30, 2006, one additional member was

appointed to the ICDC1. Mr. Min B. Bishwakarma

The committee shall prepare and present a draft to the Government-MaoistNegotiating Team within 15 days and the negotiating team shall submit thedraft to the Government-Maoist high-level negotiation as per the direction of thenegotiation.

On behalf of the Government of Nepal On behalf of the CPN MaoistCoordinator: Krishna Prasad Sitaula Coordinator: Krishna Bahadur MaharaSignature: Sd Signature: SdJune 16, 2006 June 16, 2006

Source: GoN (2007). Peace secretariat, agreements and understanding on peace negotiation Nepal

Annexes 217

Annex VII: The Cease-Fire Code of Conduct Signed Betweenthe Government of Nepal and the Communist Party of Maoist(CPN Maoist)

Preamble:

Respecting the popular mandate expressed through the historic people’s movementfor total democracy, progress and peace;

Remaining committed towards the Universal Declaration of Human Rights 1948,and fundamental principles and values of international humanitarian law and humanrights;

Remaining committed to fulfill the 12-point agreement between the sevenpolitical parties and the Maoists;

Remaining committed towards democratic values including the concept ofcompetitive multiparty democracy, civic liberties, fundamental rights, human rights,press freedom and rule of law;

Guaranteeing the fundamental rights of the Nepali people to participate in theprocess of constitution making through elections to the Constituent Assemblywithout any fear, threat and violence;

Placing democracy, peace, prosperity, forward-looking social transformation andfreedom, sovereignty and dignity of the nation in the center; and

In order to transform the ceasefire between the Government of Nepal and theCPN (Maoist) into permanent peace and resolve the problems through negotiations,a code of conduct has been issued as follows as per the wishes of the Nepali people:

Ensuring fearless civilian life

1. Not to issue any statement or engage in any activities, which could provokeeach other.

2. Both the parties shall not mobilize, display or use their armed forces in amanner that could spread fear and terror amongst the people.

3. Not to attack or destroy each other’s military or security installations, not tolay down mines or ambushes, not to recruit new people in one’s military andnot to spy against each other.

4. Both sides will extend mutual cooperation in order to maintain peace andsecurity.

5. Discussion and understanding will be made as per needed regarding the issueof management of arms and armed personnel creating an environment oftrust among the people.

6. Both parties will not participate in public meetings, conference or any otherpolitical activities in combat dress or armed.

7. No hindrance will be made from either side for political activists andmembers of social organizations to move around the country and expresstheir views, organize meetings or engage in their organizational works. Theywill not be subject to any mental or physical pressure. On basic services tothe people and development activities.

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8. During the period of ceasefire, activities like ‘bandh’ (general strike) and‘chakka jam’ (transport strike) will not be organized, but peaceful demon-strations may be organized.

9. Essential services and facilities to the people will be allowed to operatewithout any disruption.

10. Not to create hurdles in undertaking regular development works peacefullyand other works aimed at people’s benefit.

11. Transportation of items like food, medicines, and materials used in develop-ment works and daily utility items will not be obstructed or banned.

12. Both the parties will create an environment for the smooth functioning ofschools, colleges and universities, hospitals, health centers and industrialinstitutions. Cooperation will also from media for peace talks.

13. Use civilized and dignified language while disseminating information aboutceasefire, code of conduct and the peace process and other political activities.

14. Nobody should issue statements through media in a manner, which couldhamper the talks and peace process. No one should collect donation andother financial assistance forcefully.

15. Donation or financial assistance in cash, kind or in the form of services willnot be collected or mobilized against one’s will.

Release and rehabilitation

16. Accusation, claims or cases filed by both the parties against various individ-uals will be withdrawn and the detainees will be released gradually.

17. Whereabouts of the people who have been disappeared will be publicizedimmediately.

18. To help in the rehabilitation of and extend cooperation to displaced people toreturn to their respective houses in a peaceful, comfortable and respectablemanner.

19. Return the properties of the leaders of political parties, activists and civilians,which were seized, locked up or prohibited from being used during theperiod of the conflict, to concerned persons or their families. Problemsarising while returning the properties will be resolved through mutualagreement. Facilitating the talks.

20. No hurdles will be created in the movement and activities of individualsinvolved in negotiations from both the parties Monitoring.

21. On the basis of mutual agreement between the two parties, national andinternational monitoring teams will be asked to monitor the ceasefire.Miscellaneous.

22. Dispute, if any, in terms of interpretation of this code of conduct, will beresolved on the basis of agreement between the parties.

23. In accordance with the spirit of the preamble of this code, amendments couldbe made in the code of conduct through mutual agreement.

24. To enforce this code of conduct immediately after it is signed.25. To make the code of conduct public immediately after it is signed.

Annexes 219

Signed by: Krishna Bahadur Mahara Onbehalf of the CPN (Maoist)

Signed by: Krishna Prasad Sitaula On behalf ofthe government of Nepal

Source: GoN (2007). Peace secretariat, agreements and understanding on peace negotiation Nepal

Annex VIII: 12-Point Understanding Concluded Betweenthe Seven Political Parties and the Communist Party of Nepal(Maoist) on November 22, 2005

The long on-going struggle between absolute monarchy and democracy in Nepalhas now taken a very grave and new turn. It has become the need of the hourto establish peace by resolving the armed conflict being waged for the past 10years through a progressive political outlet. Therefore, there is an imperativeneed for implementing the concept of full democracy through a forward-lookingrestructuring of the state to resolve the problems related to all sectors includingclass, caste, gender, region, political, economic, social and cultural, by bringing theautocratic monarchy to an end and establishing full democracy. We hereby makeit public that in aforementioned context, the following Understanding has beenreached between the Seven Political Parties within the Parliament and the CPN(Maoist) through negotiations.

The points reached in understanding

1. The democracy, peace, prosperity, social advancement and independent,sovereign Nepal is the principal wish of all the Nepali people today. We fullyagree that the autocratic monarchy is the main hurdle in achieving this wish. Wehave a clear opinion that peace, progress and prosperity in the country are notpossible until full democracy is established by bringing the absolute monarchyto an end. Therefore, an understanding has been reached to establish fulldemocracy by bringing the autocratic monarchy to an end through a nationwidedemocratic movement of all the forces rising against the autocratic monarchyfrom their respective positions.

2. The agitating Seven Political Parties are fully committed to the fact that theexisting conflict in the country can be resolved and that the sovereignty andthe state powers can be vested completely in people only by establishingfull democracy by restoring the parliament through the force of agitation andforming a powerful all-party government by its decision, negotiating with theMaoists, and on the basis of agreement, holding the election of ConstituentAssembly. The CPN (Maoist) is of the view that the aforementioned goal can beachieved by holding a national political conference of the agitating democraticforces and by forming an interim government through conference decisions andholding the election of Constituent Assembly, and the CPN (M) expresses itscommitment. On the issue of this procedural agenda, an understanding has beenmade to continue dialogue and seek a common agreement between the agitatingSeven Political Parties and the CPN (Maoist). It has been agreed that the forceof the People’s Movement is the only alternative to achieve this goal.

220 Annexes

3. The country today demands the establishment of a permanent peace along witha positive resolution of the armed conflict. We are, therefore, firmly committedto establishing permanent peace by bringing the existing armed conflict in thecountry to an end through a progressive political outlet of the establishmentof the full democracy by ending the autocratic monarchy and holding theConstituent Assembly election based on the aforementioned procedure. TheCPN (Maoist) expresses its commitment to move forward in the new peacefulpolitical stream through this process. In this context, an understanding has beenreached to keep the Maoist Armed Force and the Royal Army under the UnitedNations or a reliable international supervision during the Constituent Assemblyelection to be held after the end of the autocratic monarchy, to conduct theelection in a free and fair manner and to accept the result of the election.We also expect the reliable involvement of the international community in thenegotiation process.

4. Making public its commitment in an institutionalized and clear manner towardsthe democratic norms and values, including competitive multiparty system ofgovernance, civil liberties, fundamental rights, human rights and the concept ofrule of law, the CPN (Maoist) has expressed its commitment to move forwardits activities accordingly.

5. The CPN (Maoist) has expressed its commitment to creating an environmentto allow people, leaders and workers of political parties who were displacedduring the course of armed conflict, to return and live with dignity in theirrespective places; to return homes, land and property that were seized in anunjust manner and to allow people to carry out political activities without anyhindrance.

6. Making a self-assessment and a self-criticism of the past mistakes and weak-nesses, the CPN (Maoist) has expressed its commitment for not allowing themistakes and weaknesses to be committed again in the future.

7. Making a self-assessment of the mistakes and weaknesses committed whilestaying in the Government and Parliament in the past, the Seven Political Partieshave expressed their commitment to not repeat such mistakes and weaknessesin the future.

8. To further the peace process, commitment has been made to fully respect thevalues and norms of human rights and to respect the freedom of press.

9. As the announcement of the election of municipality is backed by the ill-motiveof deluding people and the international community while maintaining theautocratic and illegitimate rule of the King; and as the rumor of the Parliamentelections is spread as a crafty ploy, we announce its complete boycott in ourrespective ways, and appeal to the general public to make the elections a failure.

10. The people and their representative political parties are the real guardiansof the nation. Therefore, we are firmly committed to the protection of theindependence, sovereignty, geographical integrity and national unity of thecountry. It is our common obligation to maintain friendly relations withall countries of the world in the principle of peaceful co-existence, and tomaintain good relations with neighboring countries, especially India and China.

Annexes 221

We request all the people to remain cautious of the false attempt of the Kingand the monarchists to create confusion among patriotic people by projectingthe illusory (‘Mandale’) nationalism to prolong the autocratic and illegitimaterule of the King and to raise a question mark over the patriotism of the politicalparties; and we appeal to the international powers and communities to supportthe democratic movement against the autocratic monarchy in Nepal in everypossible way.

11. We sincerely invite the civil society, professional organizations, various com-munity organizations, people of all communities and regions, the media,intellectuals and all Nepalese people to make the movement successful byactively participating in the peaceful People’s Movement launched on the basisof these understandings reached, while maintaining the core ideals of democ-racy, peace, prosperity, forward-looking social transformation, independence,sovereignty and dignity of the country.

12. Regarding the inappropriate conduct that took place among the political partiesin the past, a common commitment has been expressed to investigate theincidents on which objection was raised and take appropriate action if guiltis established in such cases, and make the same public. An understanding hasbeen reached to resolve any problems that might emerge among the partiesin the future through dialogue and discussion at the concerned level or at theleadership level.

November 22, 2005, Signed by:Nepali Congress President Girija Prasad Koirala; NCP (UML) General Secre-

tary Madhav Kumar Nepal; Nepali Congress (Democratic) President Gopal ManShrestha; Janamorcha Nepal Chairperson Amik Sherchan; Nepal Sadbhavana Party(Anandi Devi) Vice Chairperson Bharat Bimal Yadav; Samyukta BammorchaChairperson Krishna Das Shrestha; Nepal Majdoor Kisaan Party Member PremSuwal.

Source: GoN (2007). Peace Secretariat, Agreements and Understanding on PeaceNegotiation Nepal.

Annex IX: The Comprehensive Peace Agreement ConcludedBetween the Government of Nepal and the Communist Partyof Nepal (Maoist) on November 21, 2006

Preamble

Respecting the popular mandate in favour of democracy, peace and progressexpressed through repeated historic struggles and people’s movements from the pre-1951 era to date;

Reaffirming total commitment to the 12-point understanding and the 8-pointagreement concluded between the Seven Political Parties and the CPN (Maoist)and the 25-point codes of conduct agreed between the Government of Nepal and the

222 Annexes

CPN (Maoist), all agreements, understandings, codes of conduct concluded betweenthe Government of Nepal and the CPN (Maoist) as well as the decisions of theSummit Meeting of the Seven-Party Alliance and the CPN (Maoist) adopted onNovember 8, 2006 and letters of similar spirit sent to the United Nations by theGovernment of Nepal and the Maoists;

Pledging forward-looking restructuring of the state by resolving the prevailingproblems related to class, ethnicity, regional and gender differences;

Reiterating commitments to competitive multiparty democratic system, civilliberties, fundamental rights, human rights, complete press freedom and all otherdemocratic norms and values including the concept of rule of law;

Remaining committed to the Universal Declaration of Human Rights 1948,international humanitarian laws and the fundamental principles and basic principlesand norms related to human rights;

Guaranteeing the fundamental right of the Nepali people to participate in a freeand fair Constituent Assembly election in an environment free from fear;

Keeping democracy, peace, and prosperity, forward looking economic and socialtransformation as well as independence, integrity, sovereignty and dignity of thecountry at the centre;

Expressing confidence in implementing the commitment of holding the electionto the Constituent Assembly in a free and fair manner within June 15, 2007;

Declaring the beginning of a new chapter of peaceful collaboration by endingthe armed conflict plaguing the country since 1996, on the basis of politicalconsensus reached between the two parties to ensure the sovereignty of the Nepalipeople, forward looking political resolution, democratic restructuring of the stateand economic-social and cultural transformation through the Constituent Assembly;

The Government of Nepal and CPN (Maoist) hereby conclude this Comprehen-sive Peace Agreement with commitments to convert the present ceasefire into lastingpeace.

1. Preliminary

1.1. The name of this agreement is “Comprehensive Peace Agreement 2006”. Inshort the agreement shall be called the Peace Agreement.

1.2. The agreement shall come into force with effect from today through publicdeclaration by the Government and the Maoists.

1.3. Both sides shall give necessary directives to all agencies under their controlfor immediate implementation of this agreement and to abide by it andimplement it and get it implemented.

1.4. All the agreements, understandings, and codes of conduct and decisionsreached among the seven political parties, the government and Maoist sidesas included in the annex shall be an integral part of this agreement.

1.5. The understandings and agreements that may be reached hereafter asnecessary for the implementation of this agreement shall also be the integralpart of this agreement.

Annexes 223

2. Definition: Unless the subject and context mean otherwise, in this agreement:

(a) “Ceasefire” means the banning of all forms of aggressions, kidnappings,disappearances, taking into custody, aimed at each other between the Govern-ment of Nepal and the CPN (Maoist), as well as mobilization, strengtheningof the armed forces, and their aggressive and violent acts, spread of socialdisharmony in any manner including acts of incitement and instigation.

(b) “Interim Constitution“ means the “Interim Constitution of Nepal 2006” tobe adopted and remained in force until drafting and enforcement of the newconstitution by Constituent Assembly.

(c) “Interim Council of Ministers” means “Interim Council of Ministers” to beconstituted in accordance with the Interim Constitution.

(d) “Both the sides” means the Government of Nepal and the Communist Partyof Nepal (Maoist).

(e) “Prevailing Laws” means Interim Constitution of Nepal 2006 and existingNepal Laws not inconsistent with it. But this definition shall not interferewith the legal arrangement existing before the enforcement of the InterimConstitution 2006.

(f) “Verification” means the subject of verification and true record keeping ofmilitary, combatants and arms by the United Nations.

3. Political, Economic, Social Transformation and Conflict ManagementBoth the parties are in agreement to pursue the following policy and program forpolitical-economic and social transformation and to affirmatively resolve existingconflict in the country

3.1. To ensure forward moving political, economic and social transformationon the basis of decisions made in summit meeting between Seven PoliticalParties and CPN (Maoist) held on November 8, 2006 (Annex VI).

3.2. To constitute Interim Legislature – Parliament as per the Interim Consti-tution, to have the elections to Constituent Assembly held by the InterimGovernment in a free and fair manner by June 15, 2006, and to practicallyguarantee sovereignty inherent in the Nepali people.

3.3. No state powers shall remain with the king. The properties owned by thelate King Birendra, the late Queen Aishwarya and their family membersshould be brought under the control of the Government of Nepal andused in the interest of the nation through a trust. All properties (such aspalaces at various places, forests and National Parks, heritages of historicaland archaeological significance etc.) acquired by King Gyanendra inhis monarchical capacity shall be nationalised. The issue of whether tocontinue or scrap the institution of monarchy shall be decided by a simplemajority of the Constituent Assembly in its first meeting.

3.4. To pursue a political system that fully complies with the universallyaccepted fundamental human rights, competitivemultiparty democratic

224 Annexes

system, sovereignty inherent in the people and the supremacy of thepeople, constitutional check and balance, rule of law, social justice andequality, independent judiciary, periodic elections, monitoring by civilsociety, complete press freedom, people’s right to information, trans-parency and accountability in the activities of political parties, people’sparticipation and the concepts of impartial, competent, and fair adminis-tration.

3.5. In order to end discriminations based on class, ethnicity, language, gender,culture, religion and region and to address the problems of women,Dalit, indigenous people, ethnic minorities (Janjatis), Tarai communities(Madheshis), oppressed, neglected and minority communities and thebackward areas by deconstructing the current centralised and unitarystructure, the state shall be restructured in an inclusive, democratic andforward looking manner.

3.6. A common minimum program for socio-economic transformation in orderto end all forms of feudalism shall be prepared and implemented on thebasis of mutual understanding.

3.7. Policies shall be formulated to implement a scientific land reform programby doing away with the feudal land ownership practice.

3.8. Policies to protect and promote national industries and resources shall befollowed.

3.9. Policies shall be undertaken to establish the rights of all the citizens toeducation, health, shelter, employment and food security.

3.10. Policies shall be pursued to provide land and socio-economic securityto backward communities like the landless squatters, bonded labourers,tillers, bonded domestics, bonded cattle-tenders and such other groups.

3.11. Policies shall be adopted to take strict actions against those who, occu-pying governmental positions of benefit, have amassed huge propertiesthrough corruption.

3.12. A common development concept shall be adopted for the socio-economictransformation of the country and for making the country advanced andeconomically prosperous in a just manner within a short span of time.

3.13. Policies shall be followed for ensuring the professional rights of workersand increasing investment for the promotion of industries, trade, exportetc. in order to significantly enhance employment and income generatingopportunities.

4. Management of Army and ArmsThe following shall be done in order to hold the election of the ConstituentAssembly in a peaceful and fair environment free from fear and for thedemocratisation and restructuring of the Army in line with the spirit of the 12-point understanding, 8-point agreement, 25-point code of conduct, the 5-pointletters sent to the United Nations and the decisions of the Summit Meeting of theSeven-Party Alliance and the CPN (Maoist) reached on November 8, 2006:

Annexes 225

Relating to the Maoist army

4.1. As per the commitments expressed in the letters sent to the UnitedNations by the Government of Nepal and the Maoists on August 9, 2006,the combatants of the Maoist army shall be confined to the followingtemporary cantonments. The United Nations shall verify and monitorthem.The main cantonments shall be located in the following places:1. Kailali, 2. Surkhet, 3. Rolpa, 4. Palpa, 5. Kabhre, 6. Sindhuli, 7. Ilam.There shall be three smaller camps located in the periphery of each ofthese main cantonments.

4.2. All the arms and ammunitions shall be securely stored within the can-tonments except those needed for providing security to the cantonmentsafter the Maoist combatants are sent to the cantonments. The armsand ammunitions shall be locked with a single padlock and the sideconcerned shall keep the key to it. For the UN to monitor it, a device withsirens as well as recording facility shall be installed during the process ofpadlocking. The UN shall make necessary inspections of the stored armsin the presence of the party concerned. Technical details in this regardincluding camera monitoring shall be as per the agreement among theUnited Nations, the CPN (Maoist) and the Government of Nepal.

4.3. Once the Maoist combatants are confined to the cantonments, theGovernment of Nepal shall take care of their ration as well as otherarrangements necessary.

4.4. The Interim Cabinet shall constitute a Special Committee to carry outmonitoring, adjustment and rehabilitation of the Maoist combatants.

4.5. Security arrangements for the Maoist leaders shall be made with theconsent of the Government of Nepal.

Relating to the Nepal Army

4.6. The Nepali Army shall be confined to the barracks as per the commit-ments made in the letters sent to the United Nations. Non-use of its armsfor or against either side shall be guaranteed. Like number of arms asthose stored by the Maoist Army shall be safely stored also by the NepaliArmy. These arms shall be locked with a single padlock and the partyconcerned shall keep the key to it. For the UN to monitor it, a device withsiren as well as recording facility shall be installed during the process ofpadlocking. The UN shall make necessary inspections of the stored armsin the presence of the party concerned. Technical details in this regardincluding camera monitoring shall be as per the agreement among theUnited Nations, the Government of Nepal and the CPN (Maoist).

4.7. The Council of Ministers shall control, mobilise and manage the NepaliArmy in accordance with the new Military Act. The Interim Council

226 Annexes

of Ministers shall prepare and implement the detailed action planfor the democratisation of the Nepali Army on the basis of politicalconsensus and the suggestions of the committee concerned of theInterim Legislature. This includes, among other things, right-sizing,democratic restructuring reflecting the national and inclusive characterand imparting training to the Nepali Army on the values of democracyand human rights.

4.8. Functions such as border security and the security of the conservationareas, National Parks, banks, airports, powerhouses, telephone towers,central secretariat and the distinguished personalities shall hitherto becarried out by the Nepali Army shall continue.

5. Cease-Fire

5.1 Ending of military action and mobilisation of armed personnel:

5.1.1. Both sides express commitments to refrain from carrying out thefollowing activities:

a. Direct or indirect use of any type of weapon or acts of attack againsteach other.

b. Searching for or confiscating weapons belonging to the other sidewith or without weapons at the place where the arms have beenstored as per the understanding reached between both sides.

c. Acts rendering harm to or mental pressure on any individuals.d. Acts of ambush targeting each other.e. Acts of murder and violence.f. Acts of kidnappings/detentions/imprisonments/disappearances.g. Acts rendering loss to public/private/governmental or military prop-

erties.h. Arial attacks or bombings.i. Mining and sabotage.j. Spying on the military activities of each other.

5.1.2. Neither side shall recruit additional troops, transport arms, ammuni-tions and explosives or conduct military activities against each other.

However, the Interim Government may deploy security forces forpatrolling, searching and confiscating for the prevention of illegaltrafficking of arms and explosive materials and parts and/or rawmaterials thereof at the international borders or customs points.

5.1.3. No individual or group shall carry any illegal arms, ammunitions andexplosives while travelling.

5.1.4. Both sides shall assist each other by providing information as regardsthe location sketches and storage of ambushes and landmines usedduring the war time within 30 days and by defusing and destroyingthem within 60 days.

Annexes 227

5.1.5. Armies of neither side shall be present with arms and in combatfatigue in any civil assembly, political meetings and public pro-grammes.

5.1.6. The Nepal Police and the Armed Police Force shall continue the taskof maintaining lawful arrangements and peace and order as well asthat of criminal investigation in line with the norms and spirit of thepeople’s movement and the peace accord and as per the prevailinglaws.

5.1.7. Both sides shall issue circulars to their respective armed bodies orpersonnel imposing restrictions on using the term ‘enemy’ whileaddressing or making any other dealings with the armed personnelof the other side.

5.1.8. Both sides agree to keep records and return immediately the govern-ment, public and private buildings, land and other property seized,locked up or forbidden for use during the armed conflict.

5.2 Measures for the Normalization of Situation:

5.2.1. Forced and unlawful collection of donations in cash or kind andillegal collection of tax shall not be allowed.

5.2.2. Both sides agree to make public the status of the people under theirrespective custodies and release them within 15 days.

5.2.3. Both sides agree to make public within 60 days of the signing ofthe agreement the correct and full names and addresses of the peoplewho ‘disappeared’ or were killed during the conflict and convey suchdetails to the family members.

5.2.4. Both sides agree to constitute a National Peace and RehabilitationCommission and carry out works through it for the normalization ofthe difficult situation that arose as a result of the armed conflict, main-tain peace in the society and run relief and rehabilitation activities forthe victims of conflict and those displaced.

5.2.5. Both sides agree to set up with mutual consent a High-level Truthand Reconciliation Commission in order to probe into those involvedin serious violation of human rights and crime against humanityin course of the armed conflict for creating an atmosphere forreconciliation in the society.

5.2.6. Both sides pledge to abandon all types of wars, attacks, counter-attacks, violence and counter-violence in the country with a commit-ment to ensure democracy, peace and forward-looking transformationof the Nepali society. The two sides also agree to cooperate with eachother for bringing about peace and maintaining law and order.

5.2.7. Both sides guarantee to withdraw political accusations, claims, com-plaints and cases under consideration against various individuals andto instantly make public the status of those detained and release themimmediately.

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5.2.8. Both sides express commitment to allow without any political preju-dice the people displaced during the armed conflict to return volun-tarily to their respective places of ancestral or former residence, toreconstruct the infrastructure destroyed as a result of the conflict andto honourably rehabilitate and reintegrate the displaced people intothe society.

5.2.9. Both sides agree to take individual and collective responsibility forresolving any problem arising in the aforementioned context on thebasis of mutual agreement including with the support of all politicalparties, civil society and local organizations, and for creating anatmosphere conducive to the normalization of mutual relations andreconciliation.

5.2.10. Both sides express commitment to not discriminate against or exertany kind of pressure on any member of a family on the basisinvolvement with one or the other side.

5.2.11. Both sides agree not to raise any obstacle and not to allow the creationof any kind of obstruction to the employees of the Governmentof Nepal and other Public Bodies in the freedom of movementthroughout the country, in the discharge of their duties and in carryingout their functions thus facilitating them in their work.

5.2.12. Both sides agree to allow unrestricted lawful movement throughoutthe State of Nepal to the personnel of the United Nations, Inter-national Donor Community, Diplomatic Missions based in Nepal,National and International Non-Governmental Organizations, PressCommunity, Human Rights Activists, Election Observers and foreigntourists.

5.2.13. Both sides are committed to organizing publicity programs in a decentand respectable manner.

6. End of conflict

6.1. On the basis of the historic decisions reached between the Seven PoliticalParties and the CPN (Maoist) on November 8, 2006, we hereby declare thatthe armed conflict ongoing in the country since 1996 has been brought to anend and that the current cease-fire between the Government and the Maoistshas been made permanent.

6.2. The decisions of the meeting of the summit leaders of the Seven PoliticalParties and the CPN (Maoist) held on November 8, 2006 shall be the mainpolicy foundation for long-term peace.

6.3. Following the confinement of the Nepali Army to the barracks and thecombatants of the Maoist Army to the temporary cantonments, possessionand display of arms and intimidation as well as use of violence and arms inany manner contravening the existing understandings and agreements andprevailing laws shall be punishable under law.

6.4. Armies of both the sides shall not be allowed to campaign or work for oragainst any side. However, they shall not be deprived of their voting right.

Annexes 229

7. Compliance to Human Rights, Fundamental Rights and Humanitarian LawsWhile remaining committed to the Universal Declaration of Human Rights, 1948,the International Humanitarian Laws and the fundamental principles and valuesof human rights, both sides agree as follows:

7.1 Human Rights:

7.1.1. Both sides reiterate their commitment to the respect and protection ofhuman rights and the international humanitarian laws and agree thatno individual shall be discriminated on the basis of colour, gender,language, religion, age, race, nationality or social origin, property,disability, birth and other status and thought or belief.

7.1.2. Both sides agree to create an atmosphere where the Nepali people canenjoy their civil, political, economic, social and cultural rights andare committed to ensuring that such rights are not violated under anycircumstances in the future.

7.1.3. Both sides express their commitment that impartial investigation shallbe carried out and lawful action would be taken against individualsresponsible for obstructions in the exercise of the rights contained inthe agreement and guarantee not to encourage impunity. Apart fromthis, they shall also guarantee the right to relief of the families ofvictims of conflict, torture and disappearance.

7.1.4. Both sides shall refrain from inflicting torture, kidnapping and coerc-ing the ordinary people to any work, and shall take necessary actionsto discourage such acts.

7.1.5. Both sides shall respect the social, cultural and religious sensitivities,and the protection of religious sites and beliefs of any individual basedon the values and norms of secularism

7.2 Right to Life:

7.2.1. Both sides respect and protect the fundamental right to life of anyindividual. No individual shall be deprived of this fundamental rightand no law that provides capital punishment shall be enacted.

7.3 Right to Individual Dignity, Freedom and Movement

7.3.1. Both sides respect and protect the right to individual dignity. In thisconnection, no person including those deprived of the enjoyment offreedom under law shall be subjected to torture or any other cruel,inhuman or degrading behaviour or punishment. The citizen’s lawfulright to privacy shall be respected.

7.3.2. Both sides shall fully respect the individual’s right to freedom andsecurity, shall not keep anyone under arbitrary or illegal detention, andshall not kidnap or hold anybody captive in a like manner. Both sidesagree to make public the status of every individual disappeared andheld captive and provide such information to their family members,legal counsel, and any other authorized persons.

230 Annexes

7.3.3. Both sides shall respect and protect the citizens’ right to freedom ofmovement and the right to choose the location of one’s residencein a manner acceptable under prevailing laws, and express theircommitments to respect the right of individuals and families displacedduring the conflict to return to their original places of residence or tosettle in any other places of their choice.

7.4 Civil and Political Rights

7.4.1. Both sides are committed to respect individual freedom of speech,expression, association and peaceful assembly and right againstexploitation.

7.4.2. Both sides respect the right of every citizen to participate directly orthrough one’s nominated representative in issues of public concern, tovote, to be elected to public office and to enjoy equal opportunities forpublic employment.

7.4.3. Both sides are committed to respect the individual right to beinformed.

7.5 Economic and Social Rights

7.5.1. Both sides are committed to respect and protect the individual’s rightto livelihood through employment of their choice or acceptance.

7.5.2. Both sides are committed to respect and guarantee the right to thefood security of all the people. They assure that there shall be nointerference in the use, transportation and distribution of food items,food products and food grains.

7.5.3. Both sides accept the fact that the citizens’ right to health should berespected and protected. Both sides shall not obstruct the supply ofmedicines or health related assistance and campaigns, and expresscommitment to provide medical treatment to those injured in courseof the conflict and to work for their rehabilitation.

7.5.4. With the realization of the fact that the right to education to all shouldbe guaranteed and respected, both sides are committed to maintaininga congenial academic environment in educational institutions. Bothsides agree to guarantee that the right to education shall not beviolated. They agree to immediately put an end to such activities ascapturing educational institutions and using them, abducting teachersand students, holding them captives, causing them to disappear, andnot to set up army barracks in a way that would adversely impactschools and hospitals.

7.5.5. Both sides agree that the private property of any individual shall notbe seized or usurped unlawfully.

7.5.6. Both sides believe in the fact that industrial production should con-tinue, the right to collective bargaining and social security in the

Annexes 231

industrial establishments should be respected and the establishmentand workers should be encouraged to seek peaceful settlement of anydisputes between them without disturbing the industrial climate ofthe country, and respect the standards of work as determined by theInternational Labour Organization.

7.6 Rights of Women and Children

7.6.1. Both sides fully agree to special protection of the rights of womenand children, to immediately stop all types of violence against womenand children, including child labour as well as sexual exploitation andabuse, and not to conscript or use children who are aged 18 or below inthe armed force. Children thus affected shall be rescued immediatelyand appropriate assistance as may be needed shall be provided fortheir rehabilitation.

7.7 Right to Individual Liberty

7.7.1. Both sides agree to enforce and cause to be enforced the freedom ofthought and opinion, freedom of expression and publication, freedomof peaceful assembly without arms, freedom of movement, freedom ofchoice of profession or occupation, freedom of acquisition, ownershipand disposal of property, freedom to participate in peaceful politicalactivities, the right to equality before law and a just legal system.

8. Differences Settlement and Implementation Mechanism

8.1. Both sides agree to take individual as well as collective responsibility fornot repeating the mistakes committed in the past and making correctiongradually in the future.

8.2. The National Peace and Rehabilitation Commission may set up necessarymechanisms for the success of the peace campaign. The constitution andworking procedure of the Commission shall be as determined by the InterimCouncil of Ministers.

8.3. Both sides are committed to settle all kinds of issues and mutual differences,current or that may arise in the future, through mutual talks, understanding,consensus and dialogue.

8.4. Both sides express their commitments that the Interim Council of Ministersmay constitute and determine the working procedures of the National Peaceand Rehabilitation Commission, the Truth and Reconciliation Commission,the High-Level State Restructuring Recommendation Commission andother mechanisms as may be necessary for the implementation of thisAgreement, the Interim Constitution and all the decisions, agreements andunderstandings reached between the Seven Parties or the Government ofNepal and the CPN (Maoist).

232 Annexes

9. Implementation and MonitoringBoth sides agree to make the following arrangements for the implementation ofthe understandings contained in this agreement and for their follow-up:

9.1. Both sides agree to give continuity to the task of monitoring of the humanrights provisions mentioned in this agreement by the United Nations Officeof the High Commissioner for Human Rights, Nepal.

9.2. Both sides agree to the monitoring of the management of arms and thearmies by the United Nations Mission in Nepal as per the provisions of thefive-point letters sent earlier to the UN and those of the present agreementand agree to facilitate the process.

9.3. Both sides agree to have the United Nations observe the election to theConstituent Assembly.

9.4. The National Human Rights Commission shall also carry out responsi-bilities related to the monitoring of human rights as mentioned in thisagreement together with the responsibility assigned to it as per the laws.While carrying out its functions, the Commission may liaison with andseek assistance from national as well as international human rights relatedorganizations.

9.5. Both sides agree to receive the reports submitted by the above-mentionedbodies, to provide requisite information to them, and to implement their sug-gestions and recommendations on the basis of discussions and consensus.

10. Miscellaneous

10.1. Pursuant to the essence of the decisions of November 8 and the spirit ofthe peace agreement, both sides agree not to run any structure, includingthose parallel to the government, in any areas of government or stateapparatus.

10.2. Both sides agree to sign additional supplementary agreements as may benecessary for the implementation of the present agreement.

10.3. This agreement may be amended any time with the consent of both sides.In case an amendment is desired, both sides agree to provide a noticein writing to the other side. Pursuant to such a notice, amendments maybe made to the agreement with the consent of both sides. The provisionsto be covered by such an amendment shall not be inferior to universallyaccepted norms of international human rights, standards of internationalhumanitarian laws and the core spirit of the establishment of peace.

10.4. If any dispute arises in the interpretation of this agreement, a jointmechanism comprising both sides shall make the interpretation as per thespirit of the preamble and the documents annexed to this agreement, andsuch interpretation shall be final.

10.5. The concept and existence of the ‘two sides’ as mentioned in thisagreement shall automatically come to an end after the constitution ofthe Interim Legislature – Parliament. Thereafter, all responsibility of

Annexes 233

implementing the obligations mentioned in this agreement shall be as perthe arrangements made by the Interim Council of Ministers. It shall be theduty and responsibility of all political parties to extend cooperation in thecompliance and implementation of the agreement.

10.6. At a time when the entire country is focused on the principal campaignof the election to the Constituent Assembly, we sincerely request to allto have their problems and demands resolved through talks and dialogueand to contribute to the election of the Constituent Assembly and to themaintenance of law and order.

10.7. We sincerely appeal to the civil society, the professional groups, theclass organizations, the media, the intellectuals and the entire Nepalipeople to actively participate and make successful the historic campaignof building a new democratic Nepal and establishing lasting peace throughthe election of the Constituent Assembly thus ending the armed conflict.

10.8. We sincerely request the international community including all friendlycountries and the United Nations to extend support to Nepal in thecampaign of establishing a full-fledged democracy and lasting peace.

Having realized the responsibility towards the future of the country and thepeople, and remaining fully committed to this Comprehensive Peace Agreement,we, on behalf of the Government of Nepal and the Communist Party of Nepal(Maoist), hereby sign this comprehensive peace agreement and make it public.

Prachanda Girija Prasad KoiralaChairman Prime MinisterCommunist Party of Nepal (Maoist) Government of Nepal

Signed on November 21, 2006Source: GoN (2007). Peace secretariat, agreements and understanding on peace negotiationNepal

Annex X: A Proclamation to the Nation from His MajestyKing Gyanendra on April 24, 2006

Beloved Countrymen

Convinced that the source of State power of the Kingdom of Nepal is the Nepalipeople having and sovereignty and state power of Nepal is inherent in the people ofNepal and cognizant of the spirit of the ongoing people’s movement, as well as inresolving the ongoing violent conflict and other problems facing by the countryaccording to the road map of the agitating Seven Party Alliance. We, throughthis Proclamation, reinstate the House of Representatives which was dissolved on22 May 2002 on the advice of the then Prime Minister in accordance with the

234 Annexes

Constitution of the Kingdom of Nepal, 1990. We hereby call upon the Seven PartyAlliance to bear the responsibility of guiding the country on the path to nationalunity and prosperity, while ensuring permanent peace and safeguarding multipartydemocracy. We also summon the meeting of the reinstated House of Representativesat the Sansad Bhawan, Singha Durbar at 1 PM on Friday, 28 April 2006.

We believe that this House will contribute to the overall welfare of Nepal and theNepalese people.

We extend our heartfelt condolences to all those who have lost their lives in thepeople’s movement and wish the injured speedy recovery of their health and weexpress our confidence that the nation will forge ahead towards sustainable peace,progress, full democracy and national unity.

May Lord Pashupatinath bless us all! Jaya Nepal!Source: GoN. (2007). Peace secretariat, agreements and understanding on peace

negotiation Nepal.

About the Author

Surendra Bhandari is an associate professor of law at the Faculty of InternationalRelations, Ritsumeikan University, Kyoto, Japan. As an authority on legal philos-ophy, constitutional law, and international trade law (particularly the World TradeOrganization), he has authored a number of papers and books including MakingRules in the WTO: Free or Managed Trade?, WTO and Developing Countries, andThe Future of the Nepalese Constitution, which are some of his well-known works.He holds an LLM from Delhi University, India; an SJD from the University ofKansas, School of Law, United States; and a postdoctoral award from the UnitedNations University, Institute of Advanced Studies, Japan. He is the first foreignerto receive the honor of the prestigious CALI award from the Kansas School ofLaw for his excellence in legal research. Currently, he is working in the area ofglobal constitutionalism, positivism, and welfare-grundnorm. He can be reached atbhandarisurendra@gmail.com/surendra@ritsumei.ac.jp.

S. Bhandari, Self-Determination & Constitution Making in Nepal: Constituent Assembly,Inclusion, & Ethnic Federalism, DOI 10.1007/978-981-287-005-6,© Springer ScienceCBusiness Media Singapore 2014

235

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Index

AAbolition of monarchy, 16, 29–52Absolute monarchy, 2, 8, 20, 41, 50, 110,

171–173, 219Acharya, N., 9Acharya, T.P., 34Adhikari, K.P., 115, 173, 188Aristotle, 199Aryans, 103, 104Austinian, 169, 199Authority, 4, 7, 9, 10, 16, 19, 21, 26, 37, 39,

40, 42, 45, 48, 53, 55, 61, 69, 71, 74,80, 102, 112, 120, 124, 139, 140, 145,146, 150–152, 157, 168, 169, 171, 183,196, 203–205

Autocracy, 5, 17, 19, 73, 110, 164, 165, 192

BBahadur, J., 33Baral, L.R., 201Belgium, 153, 154, 158, 176Bentham, 70, 204Bhandari, M., 99, 118, 131Bhattachan, K.B., 82, 88, 103, 127Bhattarai, B., 55, 80, 115, 188Bista, D.B., 5Bosnia and Herzegovina, 24, 150Brown, M.M., 177Buddhism, 83, 103, 153

CCA. See Constituent Assembly (CA)Cease-fire, 226–228Chand, L.B., 12, 42, 46

China, 32, 66, 90, 102, 103, 105, 112, 148,158, 178, 220

Citizenship Bill, 44Civic state, 23, 24, 83, 84, 87, 88, 96, 102, 106,

110, 114, 127, 128, 139, 151, 165, 168,182–185, 189, 190

Civil and political rights, 95, 137, 142, 230Civilian life, 217Civil society, 16, 18, 58, 79, 93, 115, 126, 172,

175, 221, 223–224, 228, 233Code of Conduct, 14, 216The Committee on State Restructuring and

Distribution of State Power (CSR), 149,151–153, 157, 158, 160, 161, 164

Communism, 31, 51Communist Parties of Nepal (CPN), 31, 35, 37,

46, 47Comprehensive Peace Agreement (CPA), 14,

222, 233Conflict Between the King and the People,

38–41Conflict Management, 223–224Consociational, 23, 24, 52, 59, 188, 190Consociational democracy, 190–191Constituent Assembly (CA), 1, 2, 4, 6, 15,

16, 20, 27, 29, 30, 32, 37, 47, 49, 51,53–74, 79, 80, 85, 100, 121, 122, 149,151, 154, 161, 168–174, 177, 179, 185,217, 219, 220, 222–224, 232, 233

1948 Constitution, 4, 5, 41, 1121959 Constitution, 1, 7, 40, 41, 1051990 Constitution, 2, 4–12, 27, 42–46, 50,

51, 55, 94, 99, 105, 107, 108, 110,118–120, 127

Constitutional, 29, 31, 36, 37, 39, 42, 43, 45,48–50, 53–58, 60, 64, 169, 170

S. Bhandari, Self-Determination & Constitution Making in Nepal: Constituent Assembly,Inclusion, & Ethnic Federalism, DOI 10.1007/978-981-287-005-6,© Springer ScienceCBusiness Media Singapore 2014

247

248 Index

Constitutional history, 1–4, 54, 207–211Constitutionalism, 3–6, 15–24, 27, 29, 30, 46,

49, 50, 52–58, 60–62, 64–69, 71–75,85, 94, 97, 101, 102, 114, 116, 120,123, 124, 126, 128, 129, 139, 141, 164,165, 168–171, 173, 183, 188, 205

Constitutionalization, 28, 101, 114, 160Constitutional monarchy, 8–10, 42Constitutional Recommendation Commission

(CRC), 8–10, 42Constitution Drafting Commission, 7, 40, 41Constitution making, 1–28, 30, 39, 54–56, 60,

61, 63, 74, 89–91, 102–126, 138–143,145–150, 158–164, 169–170, 217

Constitution-making processes, 4–8Constitution of Nepal, 1962, 2Constitution of the Kingdom of Nepal, 1990,

2, 42, 43, 99, 107, 117–119, 131,233–234

Constitution Recommendation Commission(CRC), 54, 215

Constitutions, 55Constitution Writing, 16Counter-hegemonic, 19, 21, 72, 124, 126, 157,

165, 188, 189, 191CPN. See Communist Parties of Nepal (CPN)CPN (Maoists), 13, 14, 216CRC. See Constitutional Recommendation

Commission (CRC)Cultural expression and plurality, 178–179

DDalits, 110–112, 127, 179, 202Dashain and Tihar, 106Democracy, 3, 6, 8, 12–14, 17–19, 21, 23, 24,

29–32, 34–37, 39, 41–43, 45, 47–49,51, 52, 54, 66–68, 72, 74, 82, 94–96, 99,116–118, 123, 125, 126, 128, 133, 139,144, 146, 151, 157, 160, 164, 165, 168,171–173, 180, 184, 185, 188–190, 192,193, 199, 200, 202, 203, 217, 219–222,226, 227, 233, 234

Democracy as a way of life, 192Democratic constitution, 1, 17, 31, 36, 39, 61,

63, 64, 73, 74, 99, 106, 118, 168Democratic deficit, 62–63, 170–171Democratic majoritarianism, 183–184Deuba government, 11, 12, 45–47, 77Deuba, S.B., 11, 12, 43, 46, 47Dhal, R., 63Discourse, 57–60, 170Discrimination, 51, 71, 75, 82, 88, 91, 93, 95,

110–113, 121, 127, 128, 137, 139, 140,

142, 144, 147, 149, 155, 158–160, 164,175, 179, 180, 185, 189, 195, 196, 202

Divided society, 15, 22–24, 114Dixit, K.M., 242Drafting Committee, 13, 118Dworkin, R., 140

EEconomic and Social Rights, 230–231Election Commission of Nepal, 95, 185End of conflict, 228Equal citizens, 23, 61, 84, 94, 95, 97, 127, 140,

165, 180, 185, 195Equilibrium, 19, 69, 71, 100, 152, 164, 182,

183, 185, 204, 205Ethiopia, 163, 176Ethnic federalism, 31, 33, 55, 58, 59, 62,

75–97, 110, 111, 128, 132–143, 145,155, 160, 163, 165, 167, 168, 170, 171,174–177

Ethnic identity, 22, 31, 49, 63, 68, 74–76,78, 83, 86, 88, 90, 92, 96, 101, 112,121–122, 127–129, 146, 163, 164

Ethnocultural, 22

FFailure of the CA, 27, 55, 169Fairness, efficiency and validity, 203–204Federalism, 122–126, 128, 153–164, 168,

174–177, 185Federalization, 128, 176, 185Federal structure, 33, 49, 59, 80, 122, 127, 133,

139, 151–154, 158, 159, 161, 163, 164,167, 174

Federation of Nepali Journalists (FNJ), 12First Conflict, 31–33Freedom and development, 168, 200–203Freedom and Movement, 229–230French Revolution, 32Fundamental rights, 11, 14, 39, 49, 205, 217,

220, 222

GGandhi, M., 34Gandhi, R., 42, 50Geertz, C., 85Ghai, Y., 24, 127Gini Coefficient, 158Giri, T., 12, 48Gorkha, 31–34, 49Government of Nepal Act, 1948, 2

Index 249

Gramsci, 126Gurung, H., 99, 100, 103

HHabermas, 129Hayek, F.A., 199HDR, 177, 178Hegemonic interests, 18Hierarchy and grundnorm, 204–206Hobbes, T., 30House of Representatives, 43–47Human development, 52, 62, 68, 78, 87, 162,

178, 201Human face of development, 200–201Human rights, 14, 41, 59, 85, 88, 94–96, 114,

115, 124, 126, 127, 132, 136, 137, 139,140, 142–145, 148–151, 173, 174, 176,179, 183, 188, 190, 202, 203, 205, 217,220, 222–224, 226–232

Human Rights Commission, 115, 126, 173,188, 232

IICCPR. See International Convention on Civil

and Political Rights (ICCPR)ICDC. See Interim Constitution Drafting

Committee (ICDC)ICJ. See International Court of Justice (ICJ)Identity, 24, 64, 69, 76–78, 84–94, 108, 118,

162, 163Ideological, 5, 17, 23, 33, 49, 51, 61, 65, 78,

114, 132, 168, 185, 203Ideology, 5, 15, 20–22, 27, 31, 51, 52, 64–69,

73, 83–84, 96, 113, 124, 126, 183, 185,188, 198

Illiberal democracy, 17, 95, 123, 165, 173, 180,190, 192

Illiberal school, 68, 74, 76, 81, 82ILO Convention 169, 58, 59, 76–78, 141, 183Inclusion, 75, 79, 81–82, 99–129, 168,

189–192Inclusive state, 82, 168, 177–182India, 4–6, 29, 32–37, 41, 42, 49, 50, 54, 83,

93, 102, 103, 105, 112, 123, 133, 148,158, 160–162, 176, 178, 220

Indian Ambassador, 161Indian Constitution, 161Individual liberty, 231Indo-Aryan, 109Inequality, 94, 136, 158–160, 190, 194, 195,

197, 204

Interim Constitution, 2, 4, 6, 12–16, 30, 36,39, 47, 55, 56, 62, 65, 79–80, 105–107,113, 120, 122, 143, 160, 164, 170, 174,179, 223, 231

Interim Constitution 2007, 174Interim Constitution Drafting Committee

(ICDC), 13, 14, 216Interim Government of Nepal Act, 1951, 2, 6,

36International Convention on Civil and Political

Rights (ICCPR), 95, 137, 142, 144, 145,148, 150, 165, 203

International Court of Justice (ICJ), 132, 133International Covenant on Economic, Social

and Cultural Rights (ICESCR), 137,144, 145, 148, 150, 165, 203

International rules, 114, 205IRSD, 143–150Islam, 87, 153

JJagan Kirat, 245Jana Andolan II, 30, 79Janjatis, 82, 106, 110, 176Japanese, 87Jha. P., 172Jus cogens, 132Justice as fairness, 61, 190, 192–193Justice problems, 123, 151

KKant, I., 140, 192, 193Kantian, 193, 194Kelsen, H., 70, 198, 204, 205Khanal, J. N., 85King Birendra, 8–11, 15, 42, 45, 46, 50, 54,

223King Gyanendra, 11–13, 15, 42–48, 50, 51, 54,

223King Mahendra, 6, 7, 40, 44, 49, 50, 54,

111–112King Rajendra, 33King Tribhuvan, 6, 33–38, 49, 54King versus the People, 36–48Kipat, 111Kirat, J.V., 82, 83, 86, 95, 153–156, 175Kochila province, 175Koirala, B.P., 6, 38–40, 168, 188, 200–203,

514Koirala, G.P., 43, 81, 221, 233Koirala, M.P., 35, 38

250 Index

Kunwar, J.B., 4, 214Kymlicka, W., 145, 146

LLawoti, M., 82, 99, 105, 107, 117, 127Lawoti, P.S., 48Laxman, A., 13Lenin, V.I., 135, 136Liberal democracy, 91, 99–129, 167–206Lijphart, A., 22, 23, 25, 59, 190, 191Limbuwan, 156, 175Limbuwan and Kirat provinces, 175Lingua franca, 92, 108, 109

MMadheshi, 75Magrat, 155, 156Mahat, R.S., 200Majoritarian decision, 72Management of Army and Arms, 224–226Managing inequality, 195–196Maoist army, 225Maoist insurgency, 29–30, 49–51Marxism, 89–90, 136Marx, K., 66, 67, 88, 89, 104Mehar, T., 34Methodological issue, 175Mill, J.S., 84Minority protection, 176Mobilisation of armed personnel, 226–227Monarchs are still predominant, 172Monarchy is abolished, 168, 171–173Mongols, 103

NNational Congress (NC), 5Nation-building, 3, 54, 66, 92, 93, 99–117,

119, 120, 123–125, 127–129, 151, 190,200

NBA. See Nepal Bar Association (NBA)NC. See Nepali Congress (NC)Nehru, J., 5, 6, 34, 49, 50, 161, 162Nepal, M.K., 12, 46, 215Nepal Army, 49, 225–226Nepal Bar Association (NBA), 12Nepali Congress (NC), 6–9, 12, 29, 31, 33,

35–41, 47, 49, 67, 80, 81, 96, 122, 174,221

Nepali language, 104–109, 119, 128, 154Nepali National Congress, 35, 39Nepal Praja Parishad, 34

Newar, 156Normative, 22, 24, 61, 69–73, 93, 95, 100,

105, 110, 139, 142, 143, 148, 157, 167,183–185, 190, 196, 198, 202, 204

Normative to a positive state, 168, 182

OOffice of the High Commissioner for Human

Rights (OHCHR), 114, 115Original position, 61, 63, 169, 196

PPahade, 75Panchayati, 2, 8, 57, 82, 94, 95, 106, 107, 116,

117, 119, 173Panchayati Constitution, 41Pandora Box, 175Panjapatra, 4Papua New Guinea, 24Parchanda, 5, 115, 173, 188, 233Pareto, V., 70, 71, 109, 164, 204Park, R., 83, 88, 92–94, 104Party fetish, 188–1891990 People’s movement, 8People’s Revolution, 36Plato, 3012-Point Understanding, 13, 14Policy choices, 168, 203–206Political

consensus, 64–66, 68, 222, 225–226fetish, 168interests, 18–19leaders, 172–173parties reform, 168, 185–189tolerance, 187–188, 189

Political parties, 5, 7–9, 12, 14, 15, 23, 25, 27,31, 33, 35, 37–41, 47–52, 56, 58, 61,62, 65–68, 73, 80, 85, 93, 97, 105, 110,111, 117, 118, 122–125, 131, 150, 164,169, 171, 172, 174, 175, 177, 185, 186,188, 189, 195, 217, 218, 220–224, 228,233

Positive discrimination, 168, 175, 192–197Positive law, 198, 200Positive order, 21, 198–199Positive standards, 22, 168, 183, 199Positivism, 70, 71, 73Post-constitutionalism, 101, 102Post-2006 period, 60, 75, 122, 125Post-republican, 17, 18Power, 12, 15, 19–22, 46, 52, 59, 149, 151,

190–191

Index 251

Power versus authority, 19Prachanda Gorkha, 34Prasad, J., 161Private companies, 168, 185–189Problem of justice, 82Proclamation, 34Proclamation to the Nation, 13Prophet Mohamed, 83–84, 87

RRanabhat, T.N., 11Rana Dynasty, 31, 36Rana, J.B., 33Ranas, 1, 4–6, 33–38, 49, 52, 54, 55, 105, 110,

111Rawlsian model, 193, 196, 197Rawls, J., 61, 64, 190, 192–197Rayamajhi, K.J., 9Redundant role, 56–57, 169Regmi, M., 6, 10, 37, 53, 54Republican constitution, 4, 6, 16, 27, 37, 54, 73Restructuring, 80, 128, 149, 151–153, 168,

189–192, 231Restructuring of the state, 79, 151, 152, 195,

199, 200, 203, 219, 2221950 Revolution, 36, 37Rights-based approach, 185Rights of Women and Children, 231Right to Individual Dignity, 229–230Right to Life, 229Right to self-determination, 58, 81–82, 100,

101, 113, 114, 131–133Rijal, M., 45Roosevelt, T., 2Royal Commission, 46, 50Royal Nepal Army, 37, 41, 43, 49, 50RSD, 133–144, 148, 149, 165Rule by law, 19–21, 171–173, 180, 183, 188,

189, 193, 198–200, 203, 205Rule of law, 14, 15, 18–21, 22, 24, 25, 27, 30,

48, 52, 63, 68, 69, 72–75, 85, 88, 94,95, 97, 110–111, 123–126, 128, 150,151, 164, 165, 217, 220, 222–224

SSadbhawana, 119Schools of thought, 81–84Second Conflict, 33–36Self-determination, 75Self-governance, 128, 157, 175Sen, A., 87, 159, 161, 162, 168, 200–203

Seven Party Alliance, 47, 233Shaha, R., 6, 41, 175Shah Dynasty, 30, 31, 33, 36, 41, 52Shah, P.N., 10, 31, 32, 49, 102–106, 111, 117Shakya, S., 27Shrestha, B.K., 128Shumser, P., 4Shumsher, M., 37, 38Sing, K. I., 36, 40Social Engineering, 168, 189–192Social political equilibrium, 183Solomon Islands, 24Sovereign power, 30, 49Sovereignty, 1, 8, 11, 13, 14, 32, 46, 47, 80,

101, 102, 114, 117, 120, 132, 134, 135,139, 152, 205, 217, 219–224, 233

Subedi, S., 118, 119, 185Sui generis, 126Supremacy of law, 21, 199Supreme Court, 42, 43, 45Swiss experience, 163Switzerland, 138, 158, 163System Building, 18–19Systemic interests, 18

T2002 Takeover, 11, 45, 46Tarai Movement, 80Thapa, D., 115Thapa, H.B., 159, 160Thapa, K., 48Thapa, S., 12, 13, 216The abolition of monarchy, 29, 31The Rule of Law, 168, 198–200The Universal Declaration on Human Rights

(UDHR), 144, 149, 150Third Conflict, 36–48Tibeto-Burmans, 104, 109

UUN Declaration onMinorities Rights

(UNDMR), 142, 143, 148UNDRIM. See United Nations Declaration on

the Rights of Minorities (UNDRIM)Unfreedoms, 201–203Unification, 31, 32United Marxist-Leninist (UML), 12, 31, 47,

55, 80, 81, 96, 118, 122, 174, 215, 221United Mission in Nepal (UNMIN), 93United Nations (UN), 78, 79, 93, 133, 134,

136–138, 142, 145, 220–225, 228, 232,233

252 Index

The United Nations Declaration on the Rightsof Indigenous Peoples (UNDRIP),138–141, 143–148, 183

United Nations Declaration on the Rights ofMinorities (UNDRIM), 78

United Nations Development Program(UNDP), 62, 178

United States (US), 22, 23, 87Universal Declaration of Human Rights

(UDHR), 14UNMIN. See United Mission in Nepal

(UNMIN)Untouchability, 69, 85, 94, 121, 122Upadhyaya, B., 27Upadhyaya, K.P., 11, 46

Upadhyaya, Y.P., 9Upper House, 43

WWeber, M, 85, 88, 90–91, 93, 104Welfare-grundnorm (WG), 64, 69–74, 168,

189, 203–206Western Sahara, 133, 134WG. See Welfare-grundnorm (WG)Wilson, W., 135

ZZakaria, F., 192