Dr. Rambhakta Thakur, Kathmandu, Nepal.
There is a big hue and cry on Limpiyadhura, Kalapani and Lipulek today in Nepal and India. India claims as her territory and Nepal presents her sovereignty on those land. From both sides all evidences and facts are presented through media according to their conveniences. I don’t want to repeat the same. I want to briefly examine this issue from a different perspective. To start with, one should agree that Nepal claims those territories according to Sugauli Treaty 1816 where it has been mentioned that Nepal will renounce its all claims west to Kali, therefore, above mentioned all territories about 372 Square Kilometer falls in the arms of Nepal. Whereas, India similarly claims but does not refute Sugauli Treaty 1816, rather tries to prove that Lipu Khola (stream) is the Kali River, thus, naturally, all the area belongs to India. This is the crux of dispute.
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Nepal and India having a very cordial relations from the time of Vedic age, have now entangles in the misunderstanding and narrow interests. The relations which have been nourished with great love and care, at present, standing at the carrefour of do and die.
So, how to approach ahead to solve this crisis looming on both of us? For getting any solution the first ‘mantra’ is to understand that by damaging our relations would not benefit either countries, because Nepal-India’s bonds of friendship is complimentary to each other. Our development and peace are dependent heavily on each other’s peace and prosperity. Therefore, it is advisable for our own interests to take all measures without harming the beauty of inalienable status of Nepal-India bonds of relationship.
Occupying neighbour’s land is not a new problem in the international affairs.
There are many examples in the world, among them many have been settled down in between in an amicable way and many have been gone to UN and International Court of Justice. For many cases, arm-fighting flared up as terrorist activities to get back their land. Sometimes we find sale and purchase as a remedy. Mostly it is found in the cases of strategic location, territories are taken on lease or even exchanged. Viewing the practices in the world it seems the last two solutions are the best solution for Nepal- India rather increasing rancorous activities between two friends. Bangladesh and Sri Lanka are recent examples with whom India has applied this formula to settle the old-aged enigma of territorial claims forever.
The dispute of Kalapani intensified when the President of China Mr. Xi and PM of India Mr. Modi met in 2015April and decided to use the route of Lipulek for their trade and tourism. Nepal has been claiming Lipulek and Kalapani as integral part of Nepal, therefore, it was natural for Nepal to react boldly against this decision. China has acknowledged the gravity of the case whereas India did not meet with a view to discuss the boundary issues pending since more than half a century, rather unilaterally included in her map and further constructed a road to Lipulek for the purpose of using trade and tourism for India and China. Here the situation has gone to worst in the Indo-Nepal relations. Hardly Nepal has been coming out of the pain of the economic blockade imposed on 2015, the border encroachment has added unbearable wound further in the natural relationship of two countries.
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People and media started making remarks that India if advance, she never withdraws. This type of preconceived attitude should not get a place while dealing with India. Because, I give an example of Koilabas, a small town on Indian border near Dang of Nepal and Basti side of India. Koilabas was the claim of India and our teams were not able to settle that problem for since years. I was sent as border team leader from the Foreign Ministry in 2036 B.S. of that area and when I found that case I worked hard to understand the problem and find amicable solution. Without going long description, let me say I found the old map prepared during the British time which depicted Koilabas in the Nepalese territory. I presented that map in the meeting and requested to wind up the case because then after no map has been prepared jointly. Case was settled. Now no dispute. Means, it is not appropriate to malign about the intention of neighbours for any disputed factors without going in details. I am very sure if we meet and present the cases with evidences India would certainly agree and accept that truth. Because, Nepal means a lot for India that can’t be termed in values.
It is fact that all evidences prove the Kali river and eastern part belongs to Nepal according to the Sugauli Treaty 1816 are with us. Besides that, Nepal has evidences of those areas administered by Nepal by levying taxes, revenue, conducting election and census in 1960s and many more.
For the present acrimonious atmosphere, Nepal – India both are responsible because of not becoming responsive to the needs of hours. We both are delaying the decisive talks and actions apparently for the political gain of the leaders. Since the 1962 Indo-China war, Nepal has been asking to go for survey in that disputed areas which was being ignored for this or that reasons by India. Even at the visit of Foreign Minister P C Lohani (1995), PM Sher Bahadur Deuba (1996) in India, and Indian PM Mr. Atal Bihari Bajpayee , Mr. IK Gujral (1997) and Mr. Narendra Modi (2014) in Nepal, the later has raised the border issues including Kalapani to be settled but India agreed only in words , in reality it is never materialized. Situation has aggravated to climax when on 2nd November 2019, a map, 9th edition, has been published by India showing Limpiyadhura, Kalapani and Lipulek in the Indian Territory. Further on 8 May inaugurated road to Lipulekby the defense minister of India. As a retaliation, Nepal has also published a map on 18 May showing all these three territories in Nepal, and now processing to pass it by the parliament.
Seeing the deteriorating situation, last week, the Defense Minister of India talking with press stated to sit on negotiation table to settle the issue in an amicable way, in view of the cordial and traditional relations between Nepal and India.
Considering the unique relations of Nepal-India, we must agree that there is no place for chauvinism or jingoism. Any irresponsible action would hurt the sensitivities of each other. The time has come to redefine the sensitivity with the more pragmatic word ‘legitimate interest’. In this respect we have to understand each other’s compulsion too. If we understand the deciphering destiny of Kalapani region, we could perhaps come out safely from the vortex of the inexorable situation of today. A tenacious and stupendous effort is required to overcome this crisis. Simple procrastination in priority and lips service would not help but further damage the pious bonds of friendship.
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Finally, what to do? Besides, caring the suggestion made above, Quiet diplomacy with political determination is the only solution. Nepal first should send an astute special envoy to India for talking and drawing the road map of future talks. One should understand the fact that if it was so easy it wouldn’t have delayed this much. It is very difficult task. It is related with the sincerity, sensitivities, and strategic position of India.
It is also a dispute of recognizing the origin of Kali River which is mingled between Limpiadhura and Lipulek. Then only a foreign secretary level team should go for or negotiation with a full-fledged team of home, survey, security and hydro experts. Once the origin of Kali River is determined, the whole problem is solved. Therefore, if there is more complexity, we may invite the international experts on the subject. Britain and China can also help in understanding and resolution of the problem.
Apparently, India may deny on this point, but if necessary, Nepal can have consultations with both of them, because in 1961 when boundary treaty was signed with China, both Nepal and China have done many give and takes.
While solving the boundary problem near Lipulek area, Nepal had claimed Ralam glaciers too including these areas for which China had also placed her claim, but finally when we ceded Ralam glacier to China, then China agreed for Lipulek, tinker all areas for Nepal. There are evidences. Wisdom says, we should refrain from any hyperbolic statement in this regard while settling the issue. Any cryptic and affronted remark may spoil the whole game. There is no room to be desponded. We can manage it without damaging our cordial relations because we both have perseverance. Let us take up the issue Salva-Jure realizing each other’s compulsion.
# Dr Thakur is former ambassador and advisor to foreign Ministry, and Vice- President of Retired Career Ambassador Association: Editor.