OCHA Nepal Situation Overview Issue No. 16, 15 Jul - 15 Aug 2007

Highlights:

- Preparations for Constituent Assembly elections underway

- Government negotiations with different agitating groups produce mixed results

- The second phase of registration of CPN-Maoist combatants continues

- Terai Janatantrik Mukti Morcha (TJMM) and other groups continue to affect the 'reach of state'

- Bandhs called by different groups continue to paralyse life across the country

- Monsoon induced disasters cause damage and displacement in different parts of the country

CONTEXT Politics and Major Developments

On 14 July, Home Minister Krishna Prasad Sitaula reportedly asked various armed groups active in the Terai region to come to the negotiation table within two weeks. The minister also unveiled government plans of beefing up security in the Terai and other areas ahead of the Constituent Assembly (CA) election. In apparent response to the government announcement, the Terai Janatantrik Mukti Morcha (Jwala Singh) rejected the two week ultimatum given by the Home Minister and instead gave one week to all government officials of hilly origin (Pahades) to leave the Terai. Following this threat, a number of civil servants, including court officials were reported to have left the Terai districts.

During the reporting period, The Election Commission (EC) continued preparations for the forthcoming CA elections. 61 political parties (including 14 who are presently represented in the Interim Parliament) were reportedly recognized as eligible to contest in the upcoming Constituent Assembly (CA) election scheduled for 22 November. Across the country, the main political parties were reportedly engaged in distribution of and renewal of party membership and training as well as political orientation of district level leadership who would assist in future campaigns and preparation for the CA polls. UNMIN, in consultation with the EC, completed the first phase of deployment of 48 international and 24 national UNMIN electoral advisors to cover 59 of Nepal's 75 districts. The UNMIN district electoral advisors will provide technical assistance and support district EC teams in preparation for the CA elections. However, in the midst of the foregoing preparations, several groups especially in Eastern and Central Terai continued to oppose the CA elections. On 16 July, Madhesi Liberation Tigers are reported to have warned of physical action against anyone participating in the upcoming CA elections. Similar threats were also issued by the TJMM (Jwala Singh). On 17 July, Government spokesperson and Minister for Information and Communication Krishna Bahadur Mahara stated that the eight political parties would form a joint front to counter the elements who were trying to foil the CA elections. On 17 July, cadres of TJMM (Jwala Singh) reportedly killed the Village Development Committee (VDC) Secretary of Taregana Govindapur, Siraha District. The VDC Secretary was abducted on 15 July, while on his way from the VDC office. The killing prompted nationwide protests by VDC Secretaries demanding the government to create favourable working environment and to provide security to the VDC Secretaries across the country.

On 14 July, a meeting of the High-level Intra-party Coordination Committee (HICC) of the ruling eight-party alliance decided to form two separate committees to establish contact with Janajatis, indigenous communities, Madhesi and other agitating groups so as to engage in meaningful dialogue. Following the announcement by the government to call all agitating groups for dialogue, on 26 July, the TJMM (Goit) stated that it was interested in holding dialogue with the government under the supervision of the UN or other 'convincing' body. The TJMM (Jwala Singh) however remained adamant that they would not go for any talks with the government and would continue with armed struggle as well as continue running the supposed " separate Madhesi state" that his faction had declared earlier.

During the reporting period, the talks Committee headed by Peace and Reconstruction Minister held successive meetings with different groups. On 5 August, the fourth round of talks between the Government and the Madhesi Peoples Right Forum (MPRF) ended inconclusively, with both sides accusing each other of not being serious about the negotiation process. MPRF leaders declared that they would not be available for further discussions until the government implemented commitments made in previous rounds of talks. On 7 August, after ten rounds of negotiations, the government and Nepal Federation of Indigenous Nationalities (NEFIN) reached a 20 point agreement in which among other things the Government committed to pass constitutional guarantees that all 59 officially recognised indigenous groups would be represented by at least one member in the next CA. Other important commitments by the Government included the recognition besides Nepali of local languages as official languages for the work of local bodies, the creation of a State Restructuring Commission tasked with recommending the type of federal structure that Nepal should adopt, and the ratification of ILO Convention 169 on the rights of indigenous peoples. On its side, NEFIN relinquished its demand for a fully proportional electoral system for the CA elections. Indigenous groups not included in the NEFIN agreement subsequently issued a statement contesting the agreement. The Federal Limbuwan State Council (FLSC) and the Khumbuwan Liberation Front (KLF), both members of the Federal Democratic National Forum (FDNF), commenced strike action which was later called off after being invited for talks by the Government.

On 13 August, the second phase of registration and verification of CPN-Maoist combatants resumed at Division 2 Cantonment site in Sinduli District, Central Nepal. The process started following a decision arrived at by the Joint Monitoring and Coordination Committee (JMCC), which comprises representatives from CPN-Maoist, Nepal Army and United Nations Mission in Nepal (UNMIN). A team of about 70 UN staff from UNMIN, UNDP and UNICEF are involved in the verification of the CPN-Maoist combatants. According to the Tripartite Agreement on Management of Arms and Armies, the combatants identified as minors or post 26 May 2006 recruits through the verification process will be discharged from the CPN-Maoist army.

During the reporting period, CPN-Maoist held its 5th Plenum attended by over 2000 party representatives where it decided that the party should remain in the government, but agreed that the party should push for the immediate declaration of Nepal as a Republic and to launch a new street movement if Constituent Assembly (CA) election is not held in November. Meanwhile, in spite of request and pressure from the party to reconsider his decision, the CPN-Maoist Minister for Forestry and Soil Conservation confirmed his resignation, which was subsequently accepted by the Prime Minister.