PHANINDRA DAHAL
AUG 07 -
In the wake of controversy over their fresh recruitment plan, the Nepal Army and the People’s Liberation Army are at loggerheads over the jurisdiction of the Joint Monitoring Coordination Committee (JMCC), the United Nations Mission in Nepal (UNMIN) mechanism to assist the parties in the implementation of peace agreements.
The Maoists want the recruitment row to be settled by the JMCC. But Nepal Army says the mechanism can’t make any decision on the issue as it has become “irrelevant in the present context.”
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| The 98th meeting of JMCC held in Kathmandu on 23 April 2009. Photo source: UNMIN |
Clause 6.1 of the Agreement on Monitoring of the Management of Arms and Armies (ANNAA) states that the JMCC would comprise three members each from UNMIN, Nepal Army and PLA and serve as a dispute-resolution mechanism regarding the implementation of the agreement.
“The concept of the two sides as referred to in the Comprehensive Peace Agreement has ceased after the formation of the Interim Legislature Parliament. The JMCC has no meaning now,” said Nepal Army Spokesman Brig. Gen. Ramindra Chhetri. “Such a mechanism can’t question the government’s decision to permit the Nepal Army to go ahead with its recruitment.”
Referring to clause 10.5 of the CPA, Chhetri said the responsibility for implementing the obligations referred in the peace agreement shall now be as per the arrangement made by the Council of Ministers. “Neither any peace agreement nor the Interim Constitution forbids the Army to continue recruitment. The enrolment will continue,” said the Nepal Army spokesman.
PLA Spokesman Chandra Prakash Khanal “Baldev” said the JMCC is a legitimate place to resolve the recruitment dispute. “The meaning of the mechanism can only get over after the task of integration and rehabilitation of Maoist combatants is accomplished,” he said. “We are waiting for the JMCC meeting to lodge our written complaint against the new recruitment of the Nepal Army,” added the PLA deputy commander. He said the PLA would go ahead with its recruitment drive only after providing formal notice to the JMCC.
The recruitment row cropped up again last week after Supreme Court quashed a writ demanding the halt of recruitment in the Nepal Army saying that the matter was beyond its jurisdiction and the JMCC could deal with the row.
The PLA announced new recruitment after the Nepal Army opened up vacancy for 3,464 personnel in its infantry on Monday. Subsequently, UNMIN voiced concern over both the recruitment plans saying any recruitment by the two sides would be a breach of the CPA and AMMAA. UNMIN Spokesperson Kosmos Biswokarma said the JMCC would soon take up the matter.
“In the JMCC, UNMIN can press the alarm button that recruitment by both sides is a breach of CPA and AMMAA,” said Biswokarma. “It is up to the signatories to abide by the agreement and find a way forward to resolve the dispute.”
The mechanism is chaired by UNMIN’s Chief Arms Monitor Col. Marcos Manuel Miranda Caceres. Brig. Gen. Purna Chandra Thapa, Col. Sudershan Rana and Col. Arun Ghale represent NA while Nanda Kishore Pun, Chandra Prakash Khanal and Birendra Kumar Buda represent the PLA in the JMCC.

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