English - Support to Participatory Constitution Building in Nepal ...

The Remake of a StateThe composition and working procedures of the Commissionshall be as determined by the Interim Council of Ministers (8.2);3. Both parties are committed to settle all kinds of present orpossible future differences or problems through mutual talks,understanding, consensus and dialogue (8.3);4. Both parties express commitment that the Interim Council ofMinisters shall constitute and determine the working proceduresof the National Peace and Rehabilitation Commission, the TRC, theHigh-level State Restructuring Recommendation Commission andother mechanisms as per the need to implement this agreement,the Interim Constitution and all the decisions, agreements andunderstandings reached among the Seven-Party Alliance, theGovernment of Nepal and the [then] CPN (Maoist) (8.4).Agreement on Management of Arms and Army, between the Governmentof Nepal and then CPN (Maoist), accepted by the UN contains provisions ofreintegration of ex-combatants, disqualified soldiers and other concernedpeople. Article 1.1 of the agreement ‘Principles’ has highlighted theneed for immediate rescue and appropriate assistance to children below18 years engaged in armed conflict. Article 4.1.3 offers provision ofregistration of Maoist army combatants at cantonment sites. It states,“All Maoist army combatants will be registered at the main cantonmentsites. …Only those Maoist army combatants who have been properlyregistered at cantonment sites will be eligible for possible integrationinto the security forces fulfilling the standard norms”. This clause hasalso described the eligibility criteria for integration into the securityforces. It gives responsibility to a special committee envisioned in theCPA to facilitate integration process. This document has also set date ofrecruitment to be eligible for registration and possible integration later.Any Maoist ex-combatant found to be born after 25 May 1988 would beautomatically discharged as a minor. A minor will get assistance package.The same clause also envisions the Interim Council of Ministers to form aspecial committee to supervise, integrate and rehabilitate the Maoist excombatantsstaying in cantonments.The Preamble of the Interim Constitution provides broader framework forthe R&R. Some of its clauses state;“... expressing full commitment to democratic ideals and norms, includingcompetitive multi-party democratic system, civil liberty, fundamentalrights, human rights, adult franchise, periodical elections, full pressfreedom, independent judiciary and principles of the rule of law”,265