10-point agreement between government and Gen-G

Gen-G rebellion accepted as a 'people's movement', agreement reached on issues ranging from formation of Constitutional Reform Commission to electoral system reform

Mangshir 25, 2082

Jaya Singh Mahara, Durga Dulal

10-point agreement between government and Gen-G

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Three months after the formation of an interim government on the foundation of the Gen-G movement, a 10-point agreement has been reached to give legitimacy to the movement. The agreement was signed between Prime Minister Sushila Karki and some groups of Gen-G at the Prime Minister's Office on Wednesday.

The agreement was signed by Prime Minister Karki on behalf of the government and Bhoj Bikram Thapa on behalf of Gen-G. Thapa is the father of Gen-G martyrs.

The government has signed an agreement with groups including Gen-G Movement Alliance, The Council of Gen-G (Sudhan Gurung Group) and Gen-G Front (Raksha Bam Group). The agreement covers issues ranging from the formation of a constitutional reform commission to reforming the electoral system. However, most of the agreements related to the constitution and electoral system need to be discussed in parliament and made into law.

The first point states that those who lost their lives on 23 and 24 Bhadra will be declared martyrs and arrangements will be made for compensation, free health treatment, education, employment, social security and commemoration for the families of the martyrs and the injured. The point states that a permanent commission will be formed to promote ethics and good governance and prevent corruption.

The second point states that the high-level inquiry commission formed by the government will investigate the use of excessive force and extrajudicial killings and recommend criminal action against the guilty, and that the protesters will not be criminally prosecuted for participating in political activities.

The third point states that a high-level commission will be formed to impartially investigate and recommend issues such as ending appointments based on party affiliation. Although there is a provision for this, the Constitutional Council has been criticizing the decision from that body.

Similarly, the agreement states that the law will be amended to make the expenses of political parties and candidates transparent. For this, the Election Commission has made provisions ranging from setting a ceiling for expenses to requiring candidates to submit details of expenses. However, questions have been raised about the implementation of this provision.

The fourth point states that the option of NOTA, i.e. ‘I will not vote for anyone above’ will be included in the ballot paper. The agreement includes the issue of selecting candidates through ‘primary elections’ within political parties. The current government does not see any other option other than bringing an ordinance for this legal arrangement.

Similarly, the fifth point states that a high-level 'Constitutional Amendment Suggestion Commission' will be formed. However, since this government was formed for electoral purposes, the question arises whether it can amend the constitution. The agreement states that the term of the chief executive of all three levels of government and members of the Council of Ministers will be limited to two full terms, not exceeding 10 years. 

The sixth point mentions that the electoral system will be reformed to ensure full proportional and inclusive representation based on population. The seventh point mentions that the reports of all the investigation commissions formed in the past will be made public, a transparent and competitive selection process for public positions will be ensured, and the eighth point mentions that no kind of voluntary censorship will be allowed on freedom of expression on the internet and digital media. It also mentions that legal and technical arrangements will be made to prevent illegal surveillance and misuse of citizens' digital data.

The ninth point states that a Gen-G Council will be formed to provide advice, suggestions and support to the government in the operation of governance, and the tenth point states that all the above-mentioned issues will be implemented. 

The agreement recognizes the protests held on 23 and 24 Bhadra as a ‘people’s movement’. It is stated that the reason behind the movement is ‘the general discontent and frustration arising from the failure to address the conflicts created by structural causes such as corruption, misrule, impunity, discrimination, exclusion and socio-economic inequality and injustice prevalent in the country in a timely manner.’

The government formed after the movement is said to be ‘the product of the historical need for a non-partisan, transparent, accountable, inclusive and competent interim civilian government’, while the House of Representatives, which has lost public trust, has been dissolved.

The agreement also states that the constitution, federal democratic republic, secularism, equality-based proportional inclusive state system, and ensuring social and economic justice will be assimilated. It has been said that the state's policies and programs should be prioritized by strengthening federalism, local autonomy and decentralization based on the principles of good governance, inclusion and public participation. 

An agreement has been reached to form a permanent commission to prevent corruption and end impunity in the country. 'A separate permanent commission will be formed in accordance with the collective demands of the families of the martyrs and injured of the Gen-G movement to promote morality and good governance, prevent corruption and end impunity in the country,' the agreement states. The agreement also mentions the extension of the mandate of the inquiry commission chaired by Gauri Bahadur Karki regarding the incidents of 23 and 24 Bhadra.

It has been said that the mandate to screen and investigate within the next 15 days by collecting details of those who have been brought under the purview of police investigation or prosecution due to their participation in the movement will be added. ‘If the screening and investigation do not reveal that the person concerned is involved in a serious crime that may have been committed by a criminal gang in a planned/organized manner, the government will be recommended to immediately release the person from custody/prison and withdraw the cases filed against him/her as per the report of the inquiry commission,’ the agreement states. The agreement also states that a separate mechanism will be formed to prevent such incidents from recurring, calling the use of force by the security forces during the protest ‘unjust and illegal’ and that the report submitted by the mechanism will be made public and the recommendations mentioned in the report will be implemented immediately.’

Although the agreement is positive, experts have reacted that there will be problems in implementation. Human rights activist Charan Prasai commented that the agreement between the government and Gen-G should be taken positively. He said that although the Gen-G movement has been slow, it has been documented. ‘The agreement mentions many commissions and mechanisms like the Constitution Reform Commission. It is definitely difficult because the parliament and the parties have to be ready for its implementation,' he said.

Senior advocate Raju Chapagain, who was involved in drafting the agreement, said that the document includes the voices of everyone, not just Gen-G. 'The agreement has paved the way for corruption control and economic and social transformation. Now the main thing is implementation,' Chapagain said, 'Since the Prime Minister has signed it, subsequent parliaments and governments must accept this document.' 

Gen-G representative Rehan Dangal said that it was a documenting work rather than something happening. 'Until now, we were in a zero state. The agreement has acknowledged that the Gen-G movement was for change and that it was documented,' he said, 'It is everyone's responsibility to implement it.'

Prime Minister Karki said that the agreement has brought a small smile. 'Those who lost their lives yesterday are martyrs. A good consensus draft has been prepared between Gen-G, we have also prepared it with cooperation so that others can emulate it,' Karki said, 'It will be published in the Gazette.'

Main points of the agreement between the government and Gen-G

1. Compensation to the families of martyrs and injured

2. Impartial investigation of mass protests

3. Control of political and policy corruption

4. Reforms to ensure free and fearless elections, ensure voting rights for Nepalis living abroad, and make party and candidate expenses transparent. Add 'NOTA' option to the ballot paper. Mandatory primary elections within the party, party chairperson/president limited to a maximum of two terms.

5. Formation of the Constitution Review and Reform Commission. Review of the constitution with public consultation within three months. Make detailed recommendations on issues such as proportional representation, control of corruption, judicial independence, structural reforms, term limits, minimum age of candidates (21 years).

6. Full proportional inclusiveness. Ensure representation of women, Dalits, indigenous-tribals, Madhesis, Tharus, Muslims, persons with disabilities, marginalized communities, farmers-laborers, backward areas and poor Khas-Aryas in all mechanisms.

7. Transparency and accountability. Strengthen the system of making government decisions, expenses and processes public. Reports of past investigation commissions public as per law. Implement a transparent and competitive system in appointments to public posts.

8. Freedom of expression and digital. Legal and technical reforms to ensure the security of expression and data on digital platforms.

9. Formation of Gen-G Council. Formation of ‘Gen-G Council’ to fulfill the objectives of the people’s movement and ensure representation of youth in government mechanisms.

10. Implementation of the agreement: The agreement is effective from the date of signing.

Jaya

Durga

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