In a letter sent by the government to UNMIN Chief Karin Landgren a day after Secretary General Ban Ki-moon, who, in his report to the Security Council made public on Thursday, expressed concern over ambiguity relating to monitoring, dispute resolution mechanism and the status of the Agreement on Monitoring the Management of Arms and Armies (AMMAA). [break]
“The SC Secretariat will take charge of supervision, including the monitoring functions currently carried out by UNMIN,” the government said.
The government has also spelt out that the SC, which comprises representatives from major parties, including the UCPN (Maoist), will supervise the cantoned former Maoist fighters as per the guidelines laid out in the Directives for Supervision, Control, Direction and Code of Conduct for the Maoist Army Combatants. The government-formed Special Committee had unanimously adopted the guidelines on September 17.
“Any issues that are not adequately covered by the directives will be dealt by the Special Committee as and when required,” the letter sent by Secretary at the Prime Minister´s Office Bimal Prasad Wagley reads.
With regard to another concern related to monitoring of the Nepal Army after UNMIN´s exit, the government said that the national army will be managed, controlled and monitored under the Article 144 and 145 of the Interim Constitution and the Nepal Army Act 2007.
On the question of alternative to the UNMIN-led Joint Monitoring Coordination Committee (JMCC), which has been working as a dispute resolution mechanism, the government has informed the UN that the there is no need of such a mechanism. If needed, the Special Committee will serve as a major mechanism. In addition, mutually agreed commissions and committees can take charge of the responsibilities of the JMCC.
“With the SC fully in-charge of monitoring of Moist Army Combatants and arms, and the Nepal Army managed under existing constitutional and legal provisions, there is now no longer a need for any dispute resolution mechanism in addition to the already agreed mechanisms”
In addition, the government has stated that the Special Committee itself is one of the major places to settle issues that may crop up in course of the peace process. Alternatively, mechanisms, including commissions and committees, that are in existence can be an alternative to JMCC, according to the government letter in possession of Republica.
In the same letter, the government has requested UNMIN to hand over all the materials relating to the integration and rehabilitation of the Maoist combatants, transfer all materials, equipment and logistics used by UNMIN for monitoring to the Special Committee or to the appropriate mechanism designated by the Special Committee at the earliest. Earlier, UNMIN had asked the government to specify the mechanism that will use its logistics and equipment after its handover.
The things sought by the government from UNMIN includes the containers with arms and ammunitions, updated details of Arms and Armies, documents retained by JMCC, barcode readable software for both the combatants ID card and the weapons and any other equipment and materials.
No point in continually extending UNMIN term: Ban
UN Secretary General Ban Ki-moon has said it makes little sense to continually extend the term of United Nations Mission in Nepal (UNMIN) despite the fact that there have not been optimal conditions for the departure of the UN political mission.
In his report presented to the UN Secretary Council, Secretary General Ban said the optimal conditions for the departure of UNMIN have not yet been attained with the peace process still incomplete and uncertain arrangements for supervision, integration and rehabilitation of Maoist army personnel. “But at the same time, it has become quite clear that it makes little sense to extend UNMIN continually without any meaningful progress by the parties on political issues,” states the report.
The last extension of the UNMIN´s term is expiring on January 15, 2011.
Secretary General Ban has said Nepal´s peace process is at a crossroads as Nepal´s journey towards sustainable peace is not finished, and the prolonged political deadlock that has hampered progress has become a growing concern for Nepalis and the international community alike with key timelines and deadlines approaching in the coming months.
Expressing concern over the failure of parliament to elect a new government even for the past six months due to the parties´ inability to agree on government leadership, Ban said the ongoing peace process and promulgation of new constitution face several challenges. “Peace process still faces several challenges, above all that of promulgating a new constitution within the extended deadline of 28 May 2011 and integrating into the security forces or rehabilitating roughly 19,000 Maoist army personnel,” the report further said.
The report to be discussed in the UNSC on January 5 stressed that rapid steps should be taken to secure the integration and rehabilitation of Maoist army personnel in a mutually acceptable manner, which the United Nations would have liked to see prior to the departure of UNMIN in order to avoid any vacuum.
Ban´s report adds that a number of other commitments contained in the Comprehensive Peace Agreement and the interim constitution have yet to be addressed and hold the seeds of fresh confrontation if expectations remain unmet. “Polarized relations and deepening rifts among and within the political parties and the associated mistrust remain at the heart of the stalemate,” the report further said. “This polarization is not insurmountable. The parties can and must find a way out of this situation.”
Ban urged political parties to focus on the long-term interests of the country and people of Nepal rather than on partisan interests. “I urge all the parties to do their utmost to preserve these gains, to complete the peace process successfully and ensure the country´s democratic stability,” the report further states.
“Such processes are never easy, and Nepal has managed its own peace process with greater goodwill and steadiness than have many other countries in similar post-war settings.”
Ban has said in the report that UN in Nepal will assist in the rehabilitation of Maoist army personnel when the time comes, as well as continue to lend support to the constitution-drafting process and the many medium and longer-term elements of peace building even after the UNMIN leaves Nepal on January 15.
Maoists send ´unilateral´ request for UNMIN´s term extension
The main opposition party UCPN (Maoist) on Thursday formally handed over its unilateral letter to the UN seeking extension of UNMIN till May 28.
Maoist Chairman Puhspa Kamal Dahal handed over the letter to UN Mission in Nepal (UNMIN) Chief Karin Landgren. The unilateral letter seeking extension of the UNMIN till the deadline to promulgate new constitution is addressed to UN Secretary General Ban Ki-moon.
Speaking at an interaction organized at Reporters´ Club, Nepal, Landgren said she transmitted the letter to UN Headquarters in New York. “My assumption is that it would be shared with the members of the Security Council. They have a meeting on Nepal next week,” said Landgren, who is flying to New York, Saturday.
It is, however, unclear as to what will happen to the Maoists´ unilateral request. The UNSC had failed to deal with the government´s initial, unilateral request, last September.
Status of monitoring arms and armies needs to be resolved before the UNMIN leaves on January 15.
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