A/HRC/4/97
page 5
II. HUMAN RIGHTS AND THE PEACE PROCESS
9.
Following the political developments, peace talks between SPA and CPN(M) were
relaunched and resulted in the signing of a series of agreements. The talks culminated in
an 8 November timetable for steps leading to Constituent Assembly elections, and on
21 November 2006, SPA and CPN(M) signed a Comprehensive Peace Agreement (CPA),
which effectively ended the 11-year conflict. Consolidating previous agreements signed
between the two parties since November 2005, it contains broad provisions on human rights,
including ending discrimination, arbitrary detention, torture, killings and disappearances, as well
as economic and social rights. It also mandates OHCHR to monitor the human rights provisions
contained in the Agreement and requires both parties to collaborate with the Office in providing
information and implementing recommendations.
10.
OHCHR has repeatedly stated that human rights must be central to the peace process.
While the human rights provisions are to be welcomed, the Comprehensive Peace Agreement
does not contain specific measures for their implementation. Both parties have made full
commitments to respecting human rights in previous agreements and understandings, but
implementation has been far from satisfactory. To date, the Agreement also fails to address the
question of justice for past human rights violations (see below).
11.
Following the signing of the Comprehensive Peace Agreement, a 31-member Ceasefire
Code of Conduct National Monitoring Committee, set up on 15 June 2006, which OHCHR had
been requested to assist with regard to human rights monitoring, was dissolved. An alternative
monitoring body has yet to be set up. Human rights provisions of the Ceasefire Code of Conduct
were mostly incorporated into the Comprehensive Peace Agreement.
12.
The Comprehensive Peace Agreement also accords an important monitoring role to the
National Human Rights Commission (NHRC). However, the future of NHRC remained
uncertain throughout the reporting period. Following the 9 July resignation of NHRC
Chairperson and members, OHCHR and others strongly advocated for a timely, transparent and
consultative process for the selection of new commissioners which would take into account the
views of civil society. In communications with senior government officials, OHCHR urged that
provisions be incorporated into the draft Interim Constitution and a draft revised Human Rights
Commission Act to ensure that the selection and appointment process, among other issues,
conformed with international standards. It also urged that the new NHRC be put on a firm,
non-partisan footing in order to carry out its work independently and with the broad support it
needs from civil society. None of these recommendations were incorporated into the relevant
legislation. In December 2006, the Government named a new Chairperson and commissioners
under the revised Human Rights Commission Act. The lack of consultation in the selection
process was widely criticized. By the end of the year, the appointments had yet to be approved.
13.
Against this backdrop, OHCHR continued to assist NHRC staff and organized trainings
with the Commission to further build its staff’s professional capacity and to better prepare it for
the key role it should play when new Commissioners are finally appointed.
14.
To pave the way for the formation of an Interim Government and Parliament, a draft
Interim Constitution was signed by the two parties on 16 December 2006, and promulgated
on 15 January by the outgoing Legislature and by the incoming Interim Legislature. It had been
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