[This morning we post below a 'secret draft proposal' forwarded by the Government of India to then His Majesty's Government of Nepal for security, water resource management and industry and commerce also. The slain King Birendra Bir Bikram Shah Deva is reported to have rejected this proposal. For that matter, Nepalese people should heartily thank the slain king. The proposal, though soft in language, is extremely cruel and dangerous in substance and meaning. Had the King told his men to sign on the proposal, Nepal's military would have been paralyzed, sovereignty and independence would have been compromised, ownership of water resource would have been lost and big Indian business houses would have swallowed up Nepalese business entrepreneurs etc. Although, The Himalayan Voice received the draft proposal from a credible source in Kathmandu, it has no independent corroboration for it. Posted for discussion only as, there are these days loud talks in Kathmandu or elsewhere that Nepal in Bhutan's shoes is morphing into a present day Sikkim. - The Blogger]
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| King Birendra |
Agreement between the
Government of India and His Majesty's Government of Nepal on Mutual Cooperation,
The Government of India
and His Majesty's Government of Nepal (hereinafter also referred to as the
Contracting Parties),
Recalling the unique,
age-old and traditional friendship between the peoples the peoples of India and
Nepal based on the bonds of history, geography and of shared social and
cultural values,
Reaffirming their
adherence to the Treaty of Peace and Friendship between the Governments of
India and Nepal of 1950, which has ever since been and remains the cornerstone
of Indo-Nepal relations,
Keen to sustain and
further strengthen the bonds of friendship, good neighbourliness and mutually
beneficial cooperation between the two countries and peoples,
Determined to
strengthen economic cooperation between them.
Desiring to develop
their economics in their own and common interest.
Convinced of the
benefits of mutual sharing of scientific and technical knowledge and experience
to promote trade between them, have agreed as follows:
Part-
I
Treatment of Each
Other's Nationals in Their Respective
Territories
Article I
Subject to such
exceptions as may be mutually agreed upon, the Contracting Parties undertake
not to enact and to repeal any laws, rules, regulations, and Government orders
which restrict the rights and privilege of the nationals of one Contracting
Party in the territory of the other in matters of residence, ownership of
property, employment, participation in trade and commerce, movement, participation
in industrial and economic development of such territory and the grant of
concessions and contracts relating to such development and other privileges of
a similar nature as enjoined by the Treaty of Peace and Friendship between the
Government of India and the Government of Nepal of 1950 and the Letters
exchanged along with the Treaty.
Article II
Each Contracting party
shall have the freedom to bring to the notice of the other any laws, rules,
regulations, and Government orders of the other Contracting Party which may
restrict such rights and privileges of its nationals in the territory of the
other.
Part- II
Defence Cooperation
Article I
In the interest of
strengthening their defence capabilities, the Contracting Parties have agreed
to cooperate with each other in the military field. To this end, His Majesty's
Government of Nepal shall consult and enter into suitable Protocols with the
Government of India concerning the acquisition by Nepal of arms, ammunition and
other materials and equipment necessary for the security of Nepal.
Article II
Such cooperation between the Contracting
Parties in the military field shall include assistance by the Government of
India by providing arms ammunition, other materials and equipment and in
coordinating training for the raising of additional formations and units for
the Royal Nepalese Army, on the basis of the details to be mutually determined
by the representatives of the Contracting Parties.
Article III
The cooperation between
the Contracting Parties in the military field shall also include cooperation in
the training of Nepalese Armed Forces personnel.
Article IV
The Contracting Parties
undertake not to enter into any military alliance with any other State against
each other. His Majesty's Government of Nepal, in this respect, agree mentioned
in Articles I to III above with any other State or organisation without prior
consultations and agreement with the Government of India.
Article V
The arrangements
envisaged in Articles I to IV above shall have no bearing on the independent
foreign policy of either Contracting Party.
Part- III
(Agreed Articles on Trade to be included ion
this Part)
Part- IV
(Agreed Articles on
Transit to be included in this Part)
Part- V
Cooperation to Control
Unauthorised Trade
(Agreed Articles on
Cooperation to control Unauthorised Trade to be included in this Part).
Part- VI
Economic Industrial and
Water Resources Cooperation
Article I
In the traditional
spirit of friendly cooperation between India and Nepal and for the benefit and
welfare of the people of Nepal, the Government of India undertake to provide,
at the request of His Majesty's Government of Nepal, such developmental
assistance as may be mutually determined by the Contracting Parties from time
to time.
Article II
Should His Majesty's Government of Nepal
decide to seek foreign assistance for the development of the natural resources
of Nepal or for any industrial project in Nepal, they shall give first
preference to the Government or the nationals of India, as the case may be,
provided that the terms offered by the Government of India or Indian nationals
as the case may be, are not less favourable to Nepal than the terms offered by
any other State or its nationals or by any international organisation or
agency.
Article III
The two Contracting
Parties being equally desirous of attaining complete and satisfactory utilisation
of the waters of the commonly shared rivers, undertake to (i) plan new uses
or projects subjects to
the Secret protection of the existing uses on the rivers and (ii)
cooperate with each other to formulate and modify the planned new uses or projects
taking into consideration the water requirements of the parties.
Article IV
The Contracting Parties
agree jointly to plan, construct and manage projects of mutual benefit. In this
regard, the involvement of a third party, where felt to be necessary and in the
common interest, shall be subject top mutual consent.
Part-
VII
Final Clauses
Article I
To facilitate the
effective and harmonious implementation of this Agreement, the Contracting
Parties shall consult each other regularly, and review the implementation of
this Agreement, within the forum of India-Nepal Joint Commission. They shall
meet for this purpose at least once in twelve months.
Article II
For the purpose of this
Agreement, the various parts specified therein are inter-related and shall be
considered as a whole
Article III
Part I of this
Agreement shall remain in force for the same duration of time for which the
Treaty of Peace and Friendship between the government of India and the
government of Nepal of 1950 shall be in force.
Part II of the
Agreement shall remain in force for a period of ten years and it may be renewed
for further periods of ten years by mutual consent, subject to such
modifications as may be agreed upon.
Part III of the
Agreement shall remain in force for a period of _________________years and it
may be renewed for further periods of _____________________ years by mutual
consent, subject to such modifications as may be agreed upon.
Part IV of the
Agreement shall remain in force for a period of ______________________ years
and it may be renewed for further periods of _____________________ years by
mutual consent, subject to such modifications as may be agreed upon.
Part V of the Agreement shall remain in force
for a period of ______________________ years and it may be renewed for further periods
of _____________________ years by mutual consent, subject to such
,modifications as may be agreed upon.
Part VI of the
Agreement shall remain in force for a period of _______________________ years
and it may be renewed for further periods of _________________ years by mutual
consent, subject to such modifications as may be agreed upon.
Article
IV
This Agreement shall come into
force on ____________ 1950 and remain valid for the same duration of time for
which the Treaty of Peace and Friendship between the Government of India and
the Government of Nepal of 1950 shall be in force.
Done at Kathmandu on __________ day
of _____________ One Thousand Nine Hundred and Ninety in two originals each in
Hindi, Nepali and English languages all of them being equally authentic. In
case of doubt the English text shall prevail.
___________________________
For His Majesty's Government
of Nepal.
_________________
For the Government
of Nepal.
_________________
For the Government
of
India.
*
A TOUGH RESISTANCE WILL FOLLOW IF NEPAL'S"COMPLETE SOVEREIGNTY, TERRITORIAL INTEGRITY AND INDEPENDENCE" ARE NOT RESPECTED !
(The Blogger's Note)
Frequent and often loud
talks of Nepal's 'Bhutanization' and eventually 'Sikkimization' are being heard
these days down here also. Will that really happen ? Will India, a country that
promotes democracy in the region, really do so ?
As the US, India also
has suffered severe Islamist attacks or so to say, is very much worried about
its homegrown Islamists. Nepal has open border with India and lax security
system frankly. But, I do not think India would do that anytime soon. Should
Nepal fail to hold November 19 elections, the situation might become even worse
and challenging certainly !
________________________________________________________________
" There shall be everlasting peace and
friendship between the Government of India and the Government of Nepal. The two
Governments agree mutually to acknowledge and respect the complete sovereignty,
territorial integrity and independence of each other,"
Whereas:
_________________________________________
" Sikkim shall continue to be a protectorate of
India and subject to the provisions of this , Treaty shall enjoy autonomy m
regards to Its Internal affairs. "
Indo-Bhutan Friendship Treaty of 1949 Article 2 also
reads:
_______________________________________
"The Government of India undertakes to exercise
no interference in the internal administration of Bhutan. On its part the
Government of Bhutan agrees to be guided by the advice of the Government of
India in regard to its external relations."
"In keeping with the abiding ties of close
friendship and cooperation between Bhutan and India, the Government of the
Kingdom of Bhutan and the Government of the Republic of India shall cooperate
closely with each other on issues relating to their national interests. Neither
Government shall allow the use of its territory for activities harmful to the
national security and interest of the other."
A tough resistance will follow if Nepal's
"complete sovereignty, territorial integrity and independence" are
not respected ! At how many fronts will India fight?
The Gorkhas or Nepalese have a glorious history of
service and sacrifice for the cause of their motherland.
