["Top leaders of the Nepali Congress (NC), CPN-UML, UCPN (Maoist) and
Madhesi People's Rights Forum-Democratic (MPRF-D) agreed to adopt an
8-province federal model, parliamentary system of governance, mixed
electoral model and include the provision of a constitutional court
for 10 years in the new statute as part of a compromise deal."
(See: 
<http://www.business-standard.com/article/pti-stories/nepal-parties-strike-long-awaited-constitution-deal-115060900799_1.html>.)

So, ***it is a multi-party bicameral parliamentary system, having both
direct (first past the post) and proportional representation to the
lower house, with 8 provinces in a federal setup.
The UCPN (Maoist) has dropped its insistence on a Presidential system
and the CPN (UML) has agreed to raise the number of provinces from 6
to 8***.
The judiciary will be independent of the legislative bodies and the executive.
Till the next election as per the new Constitution, the Interim
Constitution-2007 will operate.]

I/II.
http://www.un.org/apps/news/story.asp?NewsID=51102

Ban welcomes 'milestone' agreement on new Nepal constitution

Protestors in Kathmandu gathered ahead of a 27 May 2012 deadline for
lawmakers to agree on a new draft constitution for Nepal. Photo:
IRIN/Naresh Newar

9 June 2015 – Secretary-General Ban Ki-moon has welcomed the agreement
of a new constitution for Nepal as “a major milestone” in the
country's democratic development, a spokesperson for the United
Nations confirmed today.

In a statement issued this afternoon, the spokesperson said Mr. Ban
applauded the “diligent effort and constructive leadership”
demonstrated by Nepal's political leaders in reaching the agreement on
8 June amid the country's wider reconstruction efforts following the
devastating earthquakes of April and May.

“The Secretary-General encourages all political leaders to take
decisive steps to implement the agreement, work on remaining issues
and complete the constitution drafting process through inclusive
consultation in the broad interest of the Nepali people,” continued
the statement.

“This achievement is particularly laudable as it was reached amid
challenging circumstances caused by the major earthquakes of April and
May.”

In addition, the UN spokesperson reiterated the Secretary-General's
ongoing commitment to Nepal's peace process and its reconstruction
while also reaffirming the Organization's continuing support for the
country.

The 25 April earthquake, and its 7.3 magnitude follow-up on 12 May,
damaged 26 of Nepal's hospitals and over 1,100 health facilities while
affecting some 5.6 million people, half of whom have been displaced.
An estimated 8,500 people were killed by the two quakes.

Moreover, the UN's Office for the Coordination of Humanitarian Affairs
(OCHA) has confirmed that 8.1 million people are in need of
humanitarian support while another 1.9 million require food
assistance.

II.
http://www.ekantipur.com/2015/06/09/top-story/what-prepared-parties-for-deal-with-full-text-of-the-16-pt-pact/406319.html

What prepared parties for deal (with full text of the 16-pt pact)

KATHMANDU, JUN 09 - The deal on the new constitution became possible
after the major parties changed their earlier positions and took
flexible stances on the contentious issues. In the meeting held at
Prime Minister Sushil Koirala’s residence in Baluwatar on Monday
morning, top leaders of the Nepali Congress, the CPN-UML, the UCPN
(Maoist) and the Madhesi Janadhikar Forum-Loktantrik agreed to go for
eight provinces.

The deal was clinched after the NC and the UML agreed to move from
their position of six provinces, while the main opposition UCPN
(Maoist) and the MJF-L abandoned their call for immediate demarcation
of the states. Soon after an understanding with the ruling parties,
Maoist Chairman Dahal held a meeting with the top leaders of his
party. Some Maoist leaders were of the view that the party should not
ink the pack without an agreement on demarcation. Dahal, however,
stood firm that the party should sign an agreement to provide a way
out of the logjam.

After forging an agreement in the party, Dahal convened a meeting of
the 30-party alliance. “The UCPN (Maoist) has decided to register a
note of dissent on parliamentary system. The Madhes-based parties
should lend their support to promulgate the constitution in a similar
way,” Dahal’s aide Chudamani Khadka quoted him as saying in the
meeting. According to him, Dahal including top leaders of the party,
signed the deal with the realisation that eight years had gone by
without a concrete step on the constitution front and the country
cannot sustain a prolonged transition.

Intensive talks were held among the top leaders of the major parties
in the last couple of days.

A few days ago, they had settled the row over the electoral system and
issues such as the judiciary and forms of government were already
sorted.

The parties were holding discussions either on six or eight provinces.
CPN-UML Chairman KP Oli, who had stood against more than six
provinces, agreed to go for eight provinces and this paved the way for
constitution finalisation.

The Nepali Congress and the CPN-UML, which were firm on settling the
contentious issues through the voting process before April 25
earthquake, abandoned their position in favour of a consensus
approach. After the earthquake, the relationship between the ruling
and opposition parties had improved. The ruling and opposition parties
jointly issued a common resolution motion after the earthquake,
conveying a message of unity.

A team of second-rung leaders of the major parties were quietly
working to make a deal possible. Maoist leaders Narayan Kaji Shrestha,
Krishna Bahadur Mahara and Top Bahadur Rayamajhi; UML leaders Bishnu
Poudel, Ishwor Pokhrel and Agni Kharel and NC leaders Mahesh Acharya,
Narahari Acharya and Purna Bahadur Khadka had been working to pave the
way for the deal.

The 16-point agreement (Full Text)

1. The Federal Democratic Republic of Nepal will have eight provinces
based on five criteria of identity and four criteria of capability.

2. Two-thirds majority of provincial assemblies will name the provinces.

3. The Nepal government will form a federal commission to recommend on
demarcation of federal provinces. The commission will have a tenure of
six months. The Legislature-Parliament will take a final decision on
the demarcation with a two-thirds majority after the recommendation of
the commission.

Parliament and Electoral System

4. There will be a bicameral parliament comprising federal legislature
parliament and the upper house. Provincial parliaments will be
unicameral.

5. Mixed electoral system will be adopted for parliamentary election.
There will be 275 members in Parliament. There will be 165
constituencies based on geography and population. A total of 165 lower
house members will be elected through first-past-the-post (FPTP)
system. The rest—110--will be elected through the proportional
representation system.

6. The upper house will have 45 members--40 of the members will be
elected equally from each federal province. The remaining five will be
nominated by President on the recommendation of the Council of
Ministers.

Forms of Government

7. To run the state affairs, a federal democratic republic multiparty
parliamentary system of governance will be adopted. The leader of the
party having a clear majority or having support of other parties in
Parliament will become the executive prime minister.

8. There will be a constitutional President in Nepal. An electoral
college of the federal legislature parliament and provincial
assemblies will elect the President.

(The UCPN (Maoist) has its differences on the parliamentary system of
governance and the constitutional president. Despite this, the party
agrees to taking forward the constitution writing process.)

9. After the promulgation of the new constitution, the election of the
President, Vice President, Prime Minister, Speaker and Deputy Speaker
will be held by the transformed Legislature-Parliament as per the
Interim Constitution-2007.

10. Until the next election of the House of Representatives, the
transformed Legislature-Parliament will hold the election of the Prime
Minister, vote of confidence, no confidence motion and Cabinet
formation as per the Interim Constitution-2007. The impeachment of the
President, Vice President, Prime Minister, Speaker, Deputy Speaker
will be in accordance with the Interim Constitution-2007.

Judicial System

11. An independent, impartial and efficient judicial system will be
formed as per the concept of independent judiciary.

12. The Supreme Court will be the court of record. It will be
authorised to make final interpretation of the constitution.

13. A Constitutional Court will be formed in order to settle disputes
on the jurisdictions between the provinces and the Centre, between
provinces, between provinces and local bodies, and election-related
disputes of the House of Representatives, National Assembly and
provincial assemblies. The Constitutional Court shall have the final
decision on these issues. The court will be chaired by the Chief
Justice of the Supreme Court and will comprise two senior-most
justices, and two legal experts who are qualified for the post of
Supreme Court Justice. The tenure of the Constitutional Court will be
10 years from the promulgation of the new constitution.

14. The provision on the formation of the Judicial Council will be as
determined by the Interim Constitution-2007.

15. The constitution writing process will be taken forward based on
the spirit of this fundamental agreement on federalism, forms of
government, electoral system, and judicial system.

Local Body Election

16. The election of local bodies will be held as soon as possible to
strengthen the representation and participation of the people.

Sushil Koirala, Prime Minister and President, Nepali Congress

KP Sharma Oli, Chairman, CPN-UML

Pushpa Kamal Dahal, Chairman, UCPN (Maoist)

Bijay Kumar Gachhadar, Chairman, Madhesi Janadhikar Forum-Loktantrik

(Unofficial translation of the agreement signed by the leaders of the
four parties on Monday night)



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Peace Is Doable

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