5 June 2020, NIICE Commentary 5330
Narayan Kaji Shrestha
The people of Nepal have finally got a new map, which covers all its territories. The government of Nepal has also tabled the amendment bill in the parliament to make necessary adjustments in the constitution that is required as per the new map. It is a historical decision for the protection of sovereignty and territorial integrity of Nepal.
Now, the priority of the government should be to acquire its encroached territory. The Nepalese Prime Minister KP Sharma Oli has already committed to the parliament that he would leave no stone unturned to get its lost territory. However, there is a need of strong support from all quarters – political parties, civil society, intellectuals, media, and others. Thus, there is a need for Nepal’s political parties to form a national unity for the territorial integrity of Nepal.
Why Now?
One can question why Nepal has to publish a new map with all its territories at this moment or why Nepal didn’t retaliate or protest when the territory was being encroached? These are genuine concerns and there are three major points to address this issue:
Apart from the Treaty of Sugauli, there is not any agreement signed between Nepal and India to demarcate their border. Neither any ruler or government of Nepal has handed over any part of Nepalese territory to India.
Secondly, at this moment, there are greater consensus among all the political parties, social forces, civil societies and Nepali citizens that they should get back their encroached western territories, including Limpiyadhura, Lipulekh and Kalipani and demand the foreign security forces to withdraw from its territory.
Thirdly, there can be pain, anger and anguish among the Nepalese populous on why the territory of Nepal was not included in the map. There might have been mistakes committed from Nepalese rulers in the past, which needs to be explored, learned and revised for amelioration of the nation. However, at this moment the political parties, historians, civil societies and intellectuals of Nepal should halt the accusations and blame game rather, should get united for the protection of the sovereignty of Nepal and take this historical achievement to the logical conclusion. Through diplomatic channels border issues with our neighboring country India can be resolved but, there needs to be suitable environment created by both the nations.
It can pain us when we think about our neighbor encroaching our land. It can agitate us even more when we are criticized by our neighbors, especially when we raise a voice against our own territory. In the 21st century, Diplomacy is the first line of defense and we should look for ways to resolve it through diplomatic dialogue to get our encroached land. There is no need to get provoked and agitated because it is something that has to be resolved amicably through diplomatic channel. Our neigbouring country India, should immediately open the doors for dialogue and resolve the issues based on historical facts and evidences which will further deepen the friendly ties between the two countries.
Unfortunately, when the government of Nepal approached India with the request for a diplomatic dialogue there were reprovals from the Indian Chief of Army Staff, Indian Foreign Secretary and others. It is important to note that during the period of colonialism, Nepal maintained its independence with dignity. Our history has shown that Nepali people are proud of their nation and remain courageous to protect their motherland. Therefore, India should refrain from their statements and accusations which will only create bitterness to the friendly relationship that both the countries share together.
Nepal-India Relations
Nepal and India have had a multifaceted relation since historical times and both enjoys excellent social, cultural and people-to-people relations. Nepal is deeply committed to the friendly relations with India. The Nepali government, political parties and nationalist cannot think of going against India. However, it is the duty of every citizen of all countries to protect their national sovereignty, territorial integrity, independence, national pride and national interest. Hence, Indian friends and policy makers should draw their heed that when Nepalese raise their voice for their national interest and fulfill their duty as good citizen, they should not view it as the voice against them or motivated from China. We are not against India but it is our right to fight for what we think is in Nepal’s national interest.
Similarly, Nepali populous would believe that neither they want to have ‘special political relations’ with any of our neighbours, nor they desire to be under anyone’s security umbrella or tolerate big brother attitude. They do not want to play any ‘card’ against any of their neighbors. They want relations based on equality and mutual respect with of their neighbors. Nepal and India share a multi-dimensional relations which India should acknowledge and appreciate it and try to strengthen it. The relations between Nepal and India is based on rich – shared history, culture and social ties which is unique and exemplary, and Nepal is committed for such type of relations in future, and Nepal is open to it and ready to put all efforts to strengthen its friendship with India.
Problems in India-Nepal Relations
There are some problems in India-Nepal Relations which can be classified into four aspects.
India-Nepal Border Dispute – Nepalese territory is encroached by India at Limpiyadhura, Lipulekh, Kalipani and Susta. Many border pillars are missing. Hence, border encroachment is one of the major problems in Nepal-India relations. India should stop the encroachment and return the Nepalese territory to Nepal based on historical evidences. By doing so, one of the major problems between the two countries will be resolved.
The Unequal Treaties – There is the need to revisit and amend or revoke the unequal treaties of the past and install new treaties based on new realities of present times. The 1950 Indo-Nepal Treaty of Peace and Friendship is one of them which should be replaced with a new treaty based on mutual respect and mutual interest. India-Nepal ties will move in positive direction by cancelling all the unequal treaties of the past.
Thirdly Indian Intervention – Nepal do not entertain Indian intervention in its internal affairs. After the promulgation of new constitution in Nepal in 2015, we are able to oppose the Indian intervention and take the nation forward. There is the need for self-criticism and course correction of such attitude and policies by the Indian establishment and Indian government. At the time when India and Nepal should have jointly celebrated the new Constitution of Nepal, drafted by the democratically elected Constituent Assembly, which Nepali people had acquired after the struggle of 60 years, India imposed severe and inhumane blockade.
And the last one is Unequal and Exploitative Economic Agreements: Nepali people feel cheated by India on several economic treaties such as Koshi Agreement, Gandak Agreement and others. Nepal also have to struggle for transit rights and have to go through blockade.
There is the need to resolve these four problems between the two countries for a stronger and more dynamic relation. In 2016, to resolve problems and improve Nepal-India relations, the Eminent Persons’ Group (EPG) were given five tasks to review bilateral treaties and agreements to further enhance peace and friendship. Out of five, three tasks were of great significance.
The first and most important assigned task was to review the past treaties and give necessary recommendations. Second, the committee had to recommend the policies that both the countries should implement for deepening the economic, social, political and cultural ties based on new realities and mutual trust. Similarly, the third was to provide the government with structural framework to improve the relations between the two countries based on the new changing context.
The EGP came with the excellent report in consensus with the Indian experts. As per the understanding, the Indian Prime Minister have to endorse the report first, followed by Nepalese PM. Still, however, India has not endorsed it, which is a matter of concern for Nepal. The Indian Prime Minister should endorse it as soon as possible, as Nepal is willing to endorse it anytime. Nepal is willing to discuss, debate and implement the recommendations of the EPG for the better relations of the two countries.
Roadmap of Nepal-India Relations
If we take forward the relations based on the following three approaches, Nepal-India relations can be exemplary.
- Mutual Respect: As per the principle of Sovereign Equality, both the countries should respect each other’s sovereignty, territorial integrity, independence and follow the principle of non-interference into each other’s internal affairs. This will create a strong base to take the relations forward.
- Mutual Benefit and Shared Prosperity: Both the countries should move forward with the concept of Mutual benefit and Shared Prosperity where both countries can benefit from each other and contribute to each other’s development, peace and prosperity.
- Address each other’s Genuine Concerns: Without going against each other’s national interest, sovereignty, independence and territorial integrity, we should be ready to address each other’s sensitivities and genuine concern.
Dialogue is the Only Way
For excellent relations, mutual trust and dialogue is significant. Government of Nepal has been sincerely appealing repeatedly to Government of India for dialogue through the diplomatic channel. It is welcoming that the Minister of External Affairs Dr. S Jaishankar and Minister of Defense Mr. Rajnath Singh had expressed that they are willing to have dialogue with Nepal on the border issue. Many Indian intellectuals, political leaders and foreign policy experts have also made strong appeal to the Indian government to resolve the issue through dialogue. Both the sides have their own stands and evidneces; however, Nepal is open to dialogue and willing to resolve it based on historical evidences and facts. The resolution of all these problems, is through diplomatic dialogue between both the nations. These issues can be resolved only through peaceful negotiations based on historical evidences. The government of Nepal should grab this opportunity and resolve all its past issues and revive its relations with new rigor.
Opportune Moment for PM Modi
Indian Prime Minister Mr. Narendra Modi is a spiritual person who has knowledge of culture and norms of different countries of the world. Nepal is a secular, multicultural and democratic country with religious freedom and religious tolerance. But majority of the Nepalese follow Hinduism which makes it a unique country which makes Nepal a holy place for him. He has received blessings of Pasupatinath and Muktinath. With their blessing, he should commit to himself that he would not take an inch of his holy land, rather correct the past mistakes and bring new dimensions, which will be milestone in Nepal-India relations.
Consistency with China
Nepal has excellent relations with its northern neigbhour, China, which is also multifaceted and unique. China respects Nepal’s sovereignty, territorial integrity and does not intrude on Nepal’s internal affairs. Nepal does not have any remarkable problems with China. However, there should be no activities that can hurt sovereignty, independence and territorial integrity of Nepal.
Moreover, China should be reminded that the mentioning of Nepal’s Lipulekh for commercial and cultural activities in the Joint Statement of 2015, signed between India and China during Indian Prime Minister Narendra Modi’s visit to China should be corrected and assured that it will not be repeated in future. The mentioning Lipulekh in Joint Statement, which India has accepted as disputed territory, hurt’s Nepali’s sentiment and such activities encourages other for encroachment.
The Way Ahead
The tri-juncture like Lipulekh can be of great interest for India and China for economic and cultural interest. If India and China want to utilize that route for commercial or cultural purpose, it is possible, but through the trilateral cooperation between India, China and Nepal. Hence, China should make their stance clear. We don’t want to deteriorate our excellent relations with either of our neighbors but rather work together to create a favorable environment for excellent ties.
Looking ahead, the goal of Nepal is to be able to exercise independent foreign policy where we can give high priority to our neighbors. In addition, strengthening connections with all the other countries of the world. Similarly, Nepal is committed to play a creative and constructive role at regional and multilateral forums and promote global peace.