Verification/Monitoring Mechanism – 2008

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Verification/Monitoring Mechanism – 2008

2008

Full Implementation Full implementation

Management of arms and the armies: The UNMIN verified 19,602 ex-combatants as meeting their criteria and 8,640 as not available for verification. Among initially registered combatants, 4,008 were disqualified. Among these disqualified combatants, 1,035 were recruited after the ceasefire code of conduct was signed on 26 May 2006. 2,973 Maoist combatants were under the age of eighteen by the time of the ceasefire code of conduct agreement.1 According to the report, the disqualified combatants received allowances. However, their scheduled discharge or demobilization did not occur because of the political uncertainty that surrounded the formation of the government after the Constituent Assembly elections.2

The UNMIN Mine Action Unit has fulfilled their obligations under the Agreement on Monitoring the Management of Arms and Armies to locate mine sites. Accordingly, the UNMIN unit destroyed over 7,250 kilograms of explosive items including 14,682 improvised explosive devices at nine locations.3 Out of the 53 minefields laid by the Nepal Army during the civil conflict, only five land minefields were cleared by October 2008.4

Human Rights: The human rights situation remained very serious as a number of armed groups emerged in the eastern and southern parts of the country. In 2008, 541 people were killed. This figure included 50 people killed by the state and eight people killed by Maoist-affiliated organizations. Similarly 729 people were abducted. This included 138 people abducted by the Maoists and 162 by its sister organization, the Young Communist League. In electoral related violence, it was reported that the Maoists killed 12 people, injured another 383, beat 813, threatened 142, and abducted 304. Other political parties were also involved in similar activities, but the MaoistsÕ violations of human rights surpassed all other parties.5 The delay in the formation of the government after the CA elections in April led to the delay in the establishment of a transitional justice mechanism. This would have included establishing a truth and reconciliation commission and a commission on disappearance as agreed in the 2006 CPA.6

The Constituent Assembly (CA) elections The CA elections took place on 10 April 2008. A mixed electoral system was adopted. Accordingly, 240 members were elected based on a first-past-the-post election and the 335 members were elected on the basis of proportional representation. The remaining 26 members were nominated by each political party present in the CA.7 The Maoists won 120 seats in the first-past-the-post election and 100 seats in the PR portion. The NC won 37 first-past-the-post seats and 73 proportional-representation seats. The Communist Party of Nepal (Unified Marxist-Leninist) (UML) won 33 first-past-the-post seats and 70 proportional representation seats. The MPRF obtained 30 first-past-the-post seats and 22 proportional representation seats, while the other two UDMF parties between them won 13 first-past-the-post seats and 16 proportional representation seats.8 After the elections for the Constituent Assembly were held, the interim parliament dissolved. The CA was convened on 28 May 2008. The CA is highly representative in terms of the number of seats held by women, minorities and Dalits. These successful elections completed the UN Security Council’s mandate as well as the CPA’s provisions regarding the role of the UNMIN with respect to electoral monitoring.

As of 10 October the overall number of staff of the UNMIN was 283, out of the authorized 306 civilian personnel. This figure includes 85 arms monitors out of the authorized strength of 90.9

  1. “Secretary General’s Report to the Security Council,” United Nations (S/2008/259), April 18, 2008.
  2. “Secretary General’s Report to the Security Council,” United Nations (S/2008/454), July 10, 2008.
  3. “Secretary General’s Report to the Security Council,” United Nations (S/2008/454), July 10, 2008.
  4. “Secretary General’s Report to the Security Council,” United Nations (S/2008/670), October 24, 2008.
  5. “Human Rights Yearbook 2009,” Informal Sector Service Centre (INSEC), 2009; “Secretary General’s Report to the Security Council,” United Nations (S/2009/313), May 12, 2008.
  6. “Secretary General’s Report to the Security Council,” United Nations (S/2008/670), October 24, 2008.
  7. “Secretary General’s Report to the Security Council,” United Nations (S/2008/313), May 12, 2008.
  8. “Secretary General’s Report to the Security Council,” United Nations (S/2008/313), May 12, 2008.
  9. “Secretary General’s Report to the Security Council,” United Nations (S/2008/670), October 24, 2008.