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Nepal

Report of the UN SG on the request of Nepal for UN assistance in support of its peace process (S/2009/553)

Attachments

I. Introduction

1. The present report is submitted pursuant to Security Council resolution 1879 (2009), by which the Council, following the request of the Government of Nepal and the recommendation of the Secretary-General, renewed the mandate of the United Nations Mission in Nepal (UNMIN) until 23 January 2010. UNMIN was established as a special political mission in 2007, with a mandate which included monitoring of the management of arms and armed personnel of the Communist Party of Nepal (Maoist) (CPN-M) and the Nepal Army. Following its merger with the Communist Party of Nepal-Unity Centre (Masal) on 13 January 2009, CPN-M was renamed the Unified Communist Party of Nepal-Maoist (UCPN-M).

2. The report reviews the progress of the peace process and the implementation of the mandate of UNMIN since my report to the Council of 13 July 2009 (S/2009/351).

II. Progress of the peace process

3. The stalemate among the political parties that has held up progress in the peace process remains unresolved, although renewed efforts are being made to break the deadlock and to give a new impetus to some aspects of the peace process. The Special Committee to supervise, integrate and rehabilitate Maoist army personnel resumed its work in September and renewed the mandate of its Technical Committee. The discharge and rehabilitation of the disqualified Maoist army personnel, including those determined by the 2007 verification process to be minors, was officially relaunched on 11 October after a further delay of three months. The Constituent Assembly has made slow progress on drafting the new constitution. Deep differences and mistrust persist between the opposition UCPN-M and the two major parties in the governing coalition, the Communist Party of Nepal-Unified Marxist-Leninist (UML) and the Nepali Congress (NC) over the circumstances that resulted in the resignation of the Maoist-led Government in May, in particular the countermanding by the President, Ram Baran Yadav, of the dismissal of the Chief of Army Staff, General Rookmangud Katawal, by the minority Maoist-led Cabinet. Two Supreme Court cases remain pending on the constitutionality of the actions.

4. Since entering into opposition in May 2009, UCPN-M has blocked the Legislature-Parliament for all but one month, calling for "civilian supremacy" over the Nepal Army and for the President's action to be addressed. Consequently, the budget for the fiscal year 2009/10 remains to be considered by the House. UCPN-M also organized countrywide protests, which intensified early in September, with some incidents of stone-throwing and clashes between demonstrators and the security forces. Maoist protesters have also picketed public engagements attended by the President, the Prime Minister and Cabinet Ministers.

5. UCPN-M has consistently maintained that the head of the Nepal Army had failed to comply with the instructions of an elected Government and has questioned the constitutional authority of the President in respect of the Nepal Army. On the other hand, NC has stated that the reinstatement by the President of the Army Chief should not be cast in a negative light given that it was made at the request of 18 political parties. Late in September, discussions intensified between NC President Girija Prasad Koirala, Maoist Chairman Pushpa Kamal Dahal "Prachanda" and UML Chairman Jhala Nath Khanal aimed at a joint resolution that would be introduced in the Legislature-Parliament to clarify the executive powers of the Prime Minister and the President. Subsequently, on 3 October, NC and UML shared their draft proposal with UCPN-M, and the three parties formed an informal task force to work on finding a consensus. However, continuing differences among and within the major parties have hindered efforts to overcome the political deadlock. UCPN-M has threatened to introduce a no-confidence motion against the UML-led Government and to resume its protests in the third week of October if its demands are not addressed.

6. NC and UML leaders have spoken positively about the formation of a proposed high-level political mechanism to serve as a dedicated forum for multiparty dialogue on peace process-related issues, while the UCPN-M leaders have stated that their participation in such a mechanism would depend on the resolution of the issue of "civilian supremacy".

7. Controversy also arose over the refusal of the Vice-President to abide by a Supreme Court directive issued on 23 July instructing him to retake his oath of office in Nepali. The three Madheshi parties in the governing coalition, the Madheshi People's Rights Forum-Democratic (MPRF-D), the Tarai Madhesh Democratic Party (TMDP) and the Sadbhawana Party (SP), together with the opposition Madheshi People's Rights Forum (MPRF) and other groups, organized protests in the Tarai against the Supreme Court decision and in support of the Vice-President's having taken his oath in July 2008 in Hindi, which is widely spoken by Madheshis. The three coalition partners have advocated an amendment to the Interim Constitution that would allow the President and Vice-President to take the oath of office in languages other than Nepali, but it could not be pursued while the Legislature-Parliament remained blocked by the Maoist protests. The Madheshi parties have threatened to intensify their protests over the issue.

8. UCPN-M appears to be preparing for fresh protests, with the formation of a 144-member Revolutionary United Front that would lead a "joint national people's movement" to press for "civilian supremacy" and prepare for the establishment of a UCPN-M-led national unity Government. The movement's 45-point manifesto addresses a range of issues, including social and economic reform, State restructuring and peace process-related issues such as the integration of the two armies and the social inclusion of traditionally marginalized groups.

9. During the reporting period, contradictory signals were given about whether the Government intended to proceed with a fresh round of recruitment into the Nepal Army and resume the import of lethal military equipment, as requested by the Army. In the assessment of UNMIN, either step would violate the terms of the Comprehensive Peace Agreement and the Agreement on Monitoring the Management of Arms and Armies. UNMIN has continued to consistently convey this position to the Government and the public. The Minister of Defence, Bidhya Bhandari, has called for the Comprehensive Peace Agreement to be revised, claiming that restrictions it places on recruitment, arms purchases and training had been detrimental to the effective functioning of the Nepal Army. UCPN-M has strongly protested her statement.

10. In my meeting with the Prime Minister, Madhav Kumar Nepal, at Sharm el-Sheikh in July, I conveyed the strong concern of the international community at the lack of progress in the peace process and stressed the need for a time-bound effort to resolve the impediments hampering the process. My Representative in Nepal and other senior officials have consistently encouraged consensus and dialogue between the parties, recommending the establishment of a more formal dialogue mechanism to streamline negotiations and find creative solutions to overcome the current impasse. At the same time, my Representative has also underlined the need to avoid provocative statements or actions in order to maintain a positive climate for dialogue.