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Kapilvastu incident violates CPA, AMMAA: UNMIN

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KATHMANDU, Aug 25: The office of the United Nations Mission in Nepal (UNMIN) has said that the Kapilvastu incident of August 24 is in serious violation of the Agreement on the Monitoring of the Management of Arms and Armies (AMMAA) and the Comprehensive Peace Agreement (CPA). Expressing "serious concern" at the incident, UNMIN said in a press statement that it "violates commitments" made in the AMMAA of December 2006 signed by the CPN (Maoist) and the Interim Government. The statement said that several provisions of the Agreement are relevant, including 4.1.2 on the use of weapons for perimeter security of Maoist army cantonments, 5.3.2 on unauthorized troop movements, and 5.1.1 on holding and carrying arms of the CPA. [break]



Claiming that it is "continuing its investigation," of the incident, UNMIN informed that it dispatched a team of arms monitors who arrived at the District Administration Office (DAO) in Taulihawa Monday evening and met with the Chief District Officer (CDO), officers from the Nepal Police and the Armed Police Force and Vice Commander Pawel of the Fourth Division of the Maoist army. "The Arms Monitors determined that the 19 Maoist army personnel were all verified combatants. They also determined that the nine weapons had bar codes and serial numbers and were registered by UNMIN for use in providing perimeter security at Main Cantonment Site 4," the statement said.



The statement further said that at 21:30 hours Monday, the CDO authorized the release of the Maoist army personnel who traveled to Site-4 and its Satellite Camp 1 in a convoy with the arms monitors´ team and the police. The weapons were returned to Main Cantonment Site-4.



UNMIN also said that the incident "will be raised shortly" at the Joint Monitoring Coordination Committee (JMCC), which is responsible for supervising compliance with the AMMAA.



Meanwhile, talking to civil society members and human rights community in Biratnagar, UNMIN chief Karin Landgren said that the incident of the armed combatants deserting the cantonment is against the peace process. She further said that the combatants cannot take out arms meant for security of the cantonment.



NC PP condemns breach of agreement



Nepali Congress (NC) parliamentary party has condemned the incident of the Maoist combatants leaving the cantonment in Kapilvastu district, saying that the act violated the Comprehensive Peace Agreement. It also blamed UNMIN for failing to carry out its mandate in letting the combatants come out of the cantonment.

"The incident has greatly harmed the peace and constitution writing process," NC parliamentary party (PP) spokesperson Nabindra Raj Joshi told reporters after the PP meeting at Singha Durbar Tuesday. He added, "The incident aims at spreading terror and shows that the Maoists are not serious towards the peace process."

The PP has also demanded that the defaulting combatants be punished. It also criticized UNMIN, the political mission of the UN, for failing to prevent the incident. "UNMIN could not carry out its mandate," Joshi said.



The PP has also asked the government and the Maoists to show seriousness over the incident.



4.1.2 (AMMAA)

"Each main cantonment site will be allowed 30 weapons of the same make and model to be used only for clearly defined perimeter security by designated guards, with each satellite allowed 15 such weapons under the same conditions. These weapons will all be properly registered with make and serial number and locked in a guardhouse when not in use."



5.3 Violations (AMMAA)

The following acts shall constitute violations of the agreement: (2) Unauthorized troop movements.



5.1.1 (CPA)

5.1. Termination of military action and armed mobilization:

5.1.1. Both sides shall express commitment to refrain from carrying out following activities:

a. Direct or indirect use of any type of weapon or acts of attack against each other.

b. Searching or confiscating weapons belonging to other side with or without weapons at the place where the arms have been stored as per the understanding reached between both sides.

c. Hurt or render mental pressure against any individual.

d. Set up ambush targeting any side.

e. Involve in murder or violent activities.

f. Involvement in kidnap/detention/imprisonment/disappearance.

g. Arial attack or bombardment.

h. Mining and sabotaging.

i. Spying on military activities of any side.



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Leaving cantonment with arms violates CPA: UNMIN chief

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