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Report
of the Secretary-General on the request of Nepal for United Nations assistance
in support of its peace process
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New
York, 18 October 2007 (UN News)
I.
Introduction
1.
The present report is submitted pursuant to Security Council resolution
1740 (2007), in which the Council established the United Nations Mission
in Nepal (UNMIN) in response to the request of the Government of Nepal
and the Communist Party of Nepal (Maoist), or CPN(M), for United Nations
support for the peace process. UNMIN was established as a special political
mission with a mandate to monitor the management of arms and armed personnel
of CPN(M) and the Nepal Army, assist in monitoring ceasefire arrangements,
provide technical support for the conduct of the election of a Constituent
Assembly in a free and fair atmosphere and provide a small team of electoral
monitors.
2.
The report reviews the progress of the peace process and the implementation
of the mandate of UNMIN since my previous report to the Council of 18 July
2007 (S/2007/442). It further takes stock of the challenges facing Nepal
in its efforts to consolidate peace and embark on its historic transition.
II.
Progress of the peace process
3.
Since my last report to the Council, a number of important political developments
have occurred in Nepal. Remaining electoral legislation has been enacted,
significant agreements were reached with marginalized groups, and the Election
Commission made the necessary technical preparations to hold the election
on the agreed date of 22 November. However, doubts about a November poll
for the Constituent Assembly persisted for a combination of reasons. Chief
among these are the lack of unity and political consensus among the eight
parties that formed the interim Government on 1 April 2007 and continued
difficulties in effectively implementing commitments made in the different
agreements to date. In addition, persisting disaffection among marginalized
communities about their exclusion from the political process and State
structures, despite two agreements reached with the Madhesi People's Rights
Forum (MPRF) and with the Nepal Federation of Indigenous Nationalities
(NEFIN), as well as the activities of armed groups and communal violence
in the country's southern plains, the Terai region, have contributed significantly
to the uncertainty. On 5 October, amidst a dispute between CPN(M) and the
other parties over the electoral system and the declaration of a republic
(discussed below), a collective decision was taken to reschedule the 22
November election. A new election date had yet to be fixed.
4.
The second phase of registration of CPN(M) personnel in the cantonments
continued after some initial disruption. This involves verification of
the age and date of recruitment of those registered at the first stage
in order to establish whether they have met the two criteria of eligibility
as combatants, namely whether they were born before 25 May 1988 and whether
they were recruited before 25 May 2006. As previously reported, the verification
process started on 19 June at the first main cantonment site of the Maoists
in Ilam in the east, and was completed at that site by 26 June. But before
that process could begin at another cantonment site, the Maoists raised
a number of substantive and procedural concerns.
5.
The Maoists sought to link continuation of the verification process to
other issues they deemed significant, including the need for major improvement
of conditions in the cantonment sites; the payment of agreed monthly government
allowances to Maoist personnel in cantonments; and the start of discussions
on the future of the Maoist army and the Nepal Army, emphasizing their
demand for the formation of a new national force made up of elements from
both. My Special Representative made clear that verification was an obligation
under the agreement on monitoring the management of arms and armies between
the previous Seven- Party Alliance government and the Maoists, and UNMIN
could not accept any preconditions for the continuation of verification.
6.
After a period of delay, and with the Government showing a greater degree
of flexibility in addressing some of the key concerns of the Maoists, the
Maoists agreed to the resumption of verification. However, UNMIN was able
to resume the process of verification at the second main cantonment site,
in Sindhuli, only in mid-August, following the meeting of the expanded
central committee of CPN(M) early in August. The process has since continued
with satisfactory cooperation. Verification has now been completed in Ilam,
Sindhuli, Surkhet and Kailali, with three further sites to follow.
7.
Despite this progress, UNMIN continues to have concerns about several issues
related to the cantonment of the Maoist army, the main one of which is
the manner and timing of the discharge of the Maoist personnel determined
to be ineligible under the determined criteria, in particular, those who
were minors at the relevant date. The Maoist leadership states that it
is committed in principle to moving forward with discharge but requires
Government agreement on the payment of allowances to personnel who have
been in cantonments. UNMIN has repeatedly pressed the parties to resolve
this issue, and has insisted that both the Government and the Maoists should
treat the discharge of minors and others ineligible as an urgent priority.
In addition, an unmanaged discharge of large numbers of personnel from
the cantonments could create serious social problems. It is hoped that
the Cabinet decision of 8 October to release a partial payment of the allowances
will lead to positive movement on this matter. Cantonment conditions remain
a major concern, both at present and in the longer term for those who will
remain in cantonments after the verification and discharge process.
8.
The overall political climate and management of the peace process have
become more complicated during this period. The unity of the eight parties
came under a severe test largely as a result of their failure to fully
implement agreements, including among others, on the fulfilment of responsibilities
towards cantoned Maoist personnel and the return of properties seized during
the 10-year conflict. There is also a deeper gulf of perspective regarding
the extent and breadth of the political, social and economic changes the
country should undergo, as well as regarding the future of the Maoist combatants
and the country's security sector. Difficulties in reaching decisions by
consensus among the eight parties inside and outside the interim Government
and intra-party divisions have contributed to the recent political dissension.
Source:
United Nations Security Council 2007
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