CSA - Intra-state conflicts and effects

Ancy Joseph

The wheels of Nepal’s peace process that began with the signing of Comprehensive Peace Accord (CPA) in 2006 between the Maoists rebels and Seven Party Alliance (SPA) are finally moving forward bringing some cheer to the public. A seven point agreement was signed among four political parties of the country on 1 November 2011. This agreement has been regarded as a breakthrough in the long stalled peace process. Various agreements were signed in the past five years’ transition period. The current seven point agreement is viewed as significant and important as 12 point agreement of 2005 and 25 point CPA of 2006.

Seven point agreement of 1 Nov 2011 contains all the major issues that encumbered the peace process in the past.

12 point agreement (2005) and Comprehensive Peace Accord (2006)

The 12 point agreement reached between SPA and CPN (Maoist) on 22 November 2005 has been regarded as historic for the establishment of a complete democracy and restoring sustainable peace in the country. It was an effort to end the King’s unconstitutional move to dissolve the parliament. The agreement addressed:-

Comprehensive Peace Accord

On 21 November 2006, the Government of Nepal and CPN (Maoist) reached a 25 point agreement known as Comprehensive Peace Accord (CPA). Under which the CPN (Maoists) agreed to cease armed struggle, follow rule of law, and honor universal human rights principles and democratic norms and values. Furthermore, they agreed to put their armed combatants into the 28 different cantonments and store weapons in the containers under the supervision of United Nations Mission in Nepal (UNMIN). The agreement had created conducive environment to further enhance the peace process. Basic understanding was reached even on the contentious issues such as army and arms management under the Agreement on Monitoring of the Management of the Arms and Armies (AMMAA).[3]

Deadlock in Peace Process

Although, the CPA, Interim Constitution and other agreements subsequently signed provided frameworks for concluding the peace process and manage the political transition, the lack of political commitments to implement the agreements among the party leadership, lack of trust between the parties, lack of effective institutional mechanism to supervise the agreements, failure to implement agreements signed within stipulated time posed serious challenges to the peace process.[4]

Power sharing arrangement between the SPA and CPN (Maoist) was one of the main impediments to smooth sailing of the peace and constitution drafting process. Both sides had agreed on this issue before the Constituent Assembly (CA) election. After the emergence of CPN (Maoist) as a single largest party in the CA, the issue of political settlement over power sharing between CPN (Maoist) and other parties received a setback. Differences emerged among the major three parties; UCPN (Maoist), Nepali Congress and CPN (UML) over number of issues including sharing the ministerial portfolios. [5]

The weak transitional security arrangement and low level of morale of the security forces affected in maintaining law and order in most parts of the country. In addition, the politicization of security agencies, growing impunity and creation of paramilitary groups by the parties contributed to the deterioration of security environment. Despite many institutional and policy initiatives taken by the regimes, they still fail to provide peaceful environment in the country. The proliferation of armed groups in many parts of the country particularly in Terai region further deteriorated security environment. This has generated frustration and disappointment among the general public. Political leaders were still less interested in addressing these issues. This further challenged the peace process.[6]

Party leaders not honoring the agreements and their power centered politics created serious problems. Other issues that dogged the peace process and constitution drafting process were state restructuring including modality of federalism, form of governance system (parliamentary or presidential), electoral system, role of judiciary, parliament and executive.[7]

Although, the seven point agreement has generated a new hope and optimism towards concluding the ongoing peace and constitution drafting processes after a long period of silence, there are still immense challenges particularly on its time bound implementations.

An issue troubling the public is whether a democratic constitution is feasible at all under the shadow of a Maoist-led government. It is common knowledge that communists see the politburo and the constitution of the communist party as supreme. Observers suspect that more radical segments of Nepal's communist have not abandoned the idea of a "great leap to a Maoist state" and that their current engagement in a democratic process is a tactical move to accomplish this.[8]

The faction led by Kiran Baidya within UCPN (Maoist) has been vehemently opposing the seven point agreement and blaming the current leadership deviating from the revolutionary political line and surrendering to the reactionaries after signing the seven point deal on 1 November; they have registered their opposition and demanded for its cancellation. They have planned to organize nationwide protest programmes. How the Baidya faction within UCPN (Maoist) would act in the future and also how the leadership responds to the increasing rift within their party, will reflect on the future course of peace process.[9]

A new problem has come forth that may jeopardize the fragile peace process is the fresh demand by CPN (Maoist) for integration of additional 2,500 combatants in the Army which was out rightly rejected by Nepali Congress. The process of categorization of the Maoist combatants in all the seven cantonments has been completed. Sixty percent of the People’s Liberation Army (PLA) personnel have chosen for integration into the Nepal army while forty percent opted for voluntary retirement with cash incentives.[10] New constitution for Nepal - a vital part of the peace process - cannot be drafted until the process of regrouping the registered former PLA combatants is completed. Drafting of the constitution was supposed to have finished by May 2010. In a series of last minute agreements, deadlines were repeatedly extended preventing interim constitution from expiring. With the fourth term of extention of the Constituent Assembly by six months, there are greater hopes for progress.