{"id":9035,"date":"2010-12-20T00:00:15","date_gmt":"2010-12-19T23:00:15","guid":{"rendered":"http:\/\/www.transcend.org\/tms\/?p=9035"},"modified":"2010-12-19T14:47:23","modified_gmt":"2010-12-19T13:47:23","slug":"unmin%e2%80%99s-withdrawal-formally-winds-up-maoist-army-cantonment-and-barracking-of-the-nepal-army","status":"publish","type":"post","link":"https:\/\/www.transcend.org\/tms\/2010\/12\/unmin%e2%80%99s-withdrawal-formally-winds-up-maoist-army-cantonment-and-barracking-of-the-nepal-army\/","title":{"rendered":"UNMIN\u2019s Withdrawal Formally Winds up Maoist Army Cantonment and Barracking of the Nepal Army"},"content":{"rendered":"

1.\u00a0\u00a0\u00a0\u00a0\u00a0 Setting<\/p>\n

The Sanskrit adage Buvukshitah kim na karoti papam?<\/em> (What vice is unthinkable to an empty stomach?) occurred in mind when we (including Freelance Journalist Jibanath Khanal) were deliberating upon the \u201cU-turn\u201d of Nepal\u2019s peace process, wondering whether the successor of UNMIN could take over the monitoring and supervision of the arms and armies. While a full-stomach seeks freedom first, an empty stomach looks for food above all temptations. It is curious to note that despite endemic poverty in Nepal, none of the past understandings, agreements or peace accords signed between Seven Party Alliance (SPA)-led Government and the Maoists advocates for food, each of them goes first for freedom. The extension and withdrawal of UNMIN, the two opposite voices that have become public are, in fact, rooted in this same issue: food and freedom, which are the two wheels of a cart. Extremist thoughts can only impede the peace process, (re)integration and rehabilitation of the Maoist Army (MA) and drafting of a new constitution. Here, the study tries to focus on the integration and rehabilitation of the Maoist Army after the withdrawal of the UNMIN rather than considering the food vs. freedom agenda.<\/p>\n

2.\u00a0\u00a0\u00a0\u00a0\u00a0 Peace Talks and Demands of Neutral Mediation<\/p>\n

In the first official peace talks (July 23rd to November 22nd, 2001), the Maoists presented the 31-point demands, including three main ones: (i) to dissolve the Constitution 1990 in order to draw a new constitution; (ii) to dissolve the then government and parliament to initiate a process for an interim government; and (iii) to institutionalize the process for a republican state, since the traditional monarchy had virtually been swept away.<\/p>\n

However, the third round of talks was held at Godavari on November 13 where the Maoists suddenly dropped their third demand for a republican set up; instead put forward their bottom-line to hold an election for the constituent assembly (CA). On the one hand, the government rejected outright their main political demands, including CA elections, but on the other, it passed the controversial Armed Police Force Bill from the parliament. It must be noted that neither the then government presented its agenda against the Maoists\u2019 demands nor its negotiation team had a clean and non-corrupt political image.<\/p>\n

The coalition government that included NC and UML representatives, time and again stated that there was no alternative but the Maoists must give up their violent means after the inhumane attack at the World Trade Center on September 11th, 2001 and USA\u2019s declaration of total war against such terrorist acts.<\/p>\n

Both Prachanda and Dr. Baburam Bhattarai jointly wrote a letter to the international community, such as UN, India, China, USA and the European Union, asking them not to interfere in the internal affairs of Nepal. Rather, they requested for assistance to initiate reliable talks and to mediate if possible. The Maoists had just two alternatives: either to accept the parliamentary democracy or to resume the People\u2019s War.<\/p>\n

The Maoist party unilaterally broke the four-month-long ceasefire on November 22nd, 2001. The following day, the CPN (Maoist) announced the setting up of central people\u2019s government, the United Revolutionary People\u2019s Council Committee (URPCC) under the leadership of Dr. Baburam Bhattarai and the People\u2019s Liberation Army (PLA) on November 24th, 2001. The PLA subsequently attacked army camps, police stations and administrative buildings and destroyed a lot of public and private properties in the district headquarters of Dang, Syangja, Solukhumbu, Surkhet, Tanahun, etc. The Maoists reportedly killed 18 soldiers, 51 policemen, a chief district officer and four civilians. They had also seized large quantities of arms and ammunition (Pathak:2005).<\/p>\n

On the night of January 29th 2003, a truce was agreed upon; it was first announced by the Maoists, and the government made its announcement only after one hour and half. Besides, the Maoists put forward pre-conditions to withdraw the previous government\u2019s decision to declare CPN (Maoist) a terrorist organization; to withdraw the Interpol Red Corner Notices issued against the Maoist leaders; to withdraw the previous government\u2019s decision of fixing price tag on the heads of Maoist leaders; and to withdraw all the alleged cases against the Maoists who were in custody or jail to resume the Peace Talks II. The government agreed to fulfill all of them.<\/p>\n

Announcing the truce, Prachanda requested his PLA and political activists to suspend all kinds of guerrilla activities, including forceful collection of donations, and urged them to continue political activities across the country. He reiterated the three-step procedure to be concluded during the period of truce: promoting a roundtable conference with all the political forces, representatives of palace and civil society; such conference forming an interim government; and the government going for an election to a CA to draft a new constitution for the kingdom of Nepal. The government also presented its agenda for the first time in the history of Nepal, but the Maoists rejected it outright.<\/p>\n

While the second secession of the third round of peace talks was going on in Purandhara VDC-3, Hapure village of the Dang valley, the then Royal Nepal Army attacked a group of Maoist district leaders meeting at Doramba, Ramechhap district at 10.30 AM on August 16, 2003 (Shrawan 32, 2060 BS). 18 unarmed Maoist activists were arrested, including the house owner and his son, by the army. And while they were brought to the army barrack, they were shot dead at Darakateri of Daduwa VDC at three hours\u2019 walking distance from the house where the meeting was held. The victims were made to stand in a line and shot one by one. Their hands were tied behind their backs and most of them were shot in the head. It was condemned by all corners within the nation and beyond when the peace process also broke apart.<\/p>\n

Having been suspicious of the Royal Palace, its army and other mainstream parliamentary parties, the Maoists repeatedly asked for a neutral mediation in both formal peace talks tenures, but in vain.\u00a0 Even the UN and member countries of the European Union, such as Norway, Denmark, and Switzerland, expressed their interest to support the peace process. But, the NC-UML led government rejected the international mediation initiative straight away.<\/p>\n

3.\u00a0\u00a0\u00a0\u00a0\u00a0 Provisions or Rights of the United Nations Mission in Nepal<\/p>\n

Both the mainstream parliamentary parties and the Maoists learnt some experiences from their past peace talks. The alliance between the extreme leftists, the Maoist party and the extreme rightist Nepali Congress succeeded due to growing orchestrated personal clashes and ego of NC President Girija Pd Koirala against the monarch on the one hand. On the other, the former monarch\u2019s retaliation desire, Maha Bhrastra Rajnitik Partika Netalai Dekai Dinchhu<\/em> (I will show my strength to the corrupt leaders of political parties). Interestingly, in the course of ongoing dialogue with the Maoists, Koirala visited New Delhi twice, overtly for\u00a0 treatment; other leaders also followed him.<\/p>\n

3.1<\/strong> The 12-point understanding signed by the Seven Party Alliance (SPA) in New Delhi on November 22nd, 2005. Among other things, it said, \u201c.\u2026an understanding has been made to keep the Maoists armed force and the Royal Nepali Army under the United Nations or a reliable international supervision during the process of the election of constituent assembly\u2026to accomplish the election in a free and fair manner \u2026.\u201d (Art 3).<\/p>\n

3.2<\/strong> The 25-point Ceasefire Code of Conduct signed between the Government of Nepal and the Maoists on May 26th, 2006 states, \u201cBoth parties shall ask national and international monitoring teams to monitor the ceasefire based on the mutual agreement between the two parties\u201d (Art 21).<\/p>\n

3.3<\/strong> The eight-point agreement reached between the Prime Minister and Chairman of the Maoist Party on June 16th, 2006 said, \u201cTo request the United Nations to assist in the management of the armies and arms of both the parties and to monitor them for a free and fair election of the Constituent Assembly\u201d (Art 3).<\/p>\n

3.4<\/strong> The six-point agreement reached to end the decade-old conflict between the SPA-led Prime Minister Koirala and the Maoist Supremo Prachanda at midnight on November 8th 2006 reads:<\/p>\n