By Shashi P.B.B. Malla
Historical Background
The present impasse in Nepal’s north-western tri-junction with China and India is a consequence of the Sino-Indian Border War of October 1962.
After the terrible defeat, India felt a need to monitor Chinese troop movements in Tibet out of national security concerns.
It requested King Mahendra to establish several military posts within Nepal.
The Panchayat Government acceded to this request.
Later, on Nepalese demand, the Indian government withdrew all its border posts with the exception of that in Kalapani.
All succeeding Nepalese governments forgot about the military post in Kalapani – so much so that the Indian authorities came to regard it as within Indian territory.
The Nepalese reaction came very late. Oli’s government just reacted to the publication of an official Indian map incorporating Limpiadhura, Kalapani and Lipulekh in Indian territory.
Oli’s ‘cartographic thrust’ was too little, too late against the giant’s “cartographic aggression”.
It was a blatant violation of Nepal’s sovereignty and territorial integrity.
India’s position basically is ‘might is right’ and China has acquiesced to this posture.
It may seem that Nepal as a ‘small country’ must accept its weak geopolitical position.
Most Nepalese analysts still harp on the need to use the diplomatic mode to reach a solution.
However, the Government of Nepal (GoN) and these brilliant experts should realize that Nepalese diplomacy has reached a cul-de- sac.
All regular diplomatic paths have been exhausted.
India is adamant and is not willing to accommodate Nepal in any way.
China is an accomplice to this and has taken the lazy attitude that it is a bilateral issue.
If Sino-Indian trade and the Kailash-Mansarowar pilgrimpage are to be executed through the Lipulekh pass, it is indeed a trilateral problem.
It will be an uphill task to reverse the non-policy/silence of all Nepalese governments after 1962 – which India has taken advantage of in the most insinuating manner.
We must also take into consideration China’s self-dealing in this land grab.
Role of the International Court of Justice
Under the doctrine of Salus populi suprema lex’, [the supreme law is the health/security of the people] it gives Nepal to take any action it deems necessary to protect its own self-defined interests.
Nepal may invoke the International Court of Justice (ICJ) to adjudicate this territorial dispute.
The ICJ is after all the principal judicial organ of the United Nations.
All members of the UN are automatically members and all signatory parties recognize the compulsory nature of the Court’s jurisdiction.
If India and China recognize the rule of international law and not that of the jungle, they should welcome the role of the ICJ.
Unorthodox Diplomacy
PM Balen can also opt to pursue an unconventional, nonconformist path of diplomacy.
Without announcing anything formally, he can postpone all official visits to both India and China.
Nepal could also appoint experienced and strong Counsellors (who would automatically be Charge d’Affaires a.i.) and First Secretaries in their embassies in Beijing and New Delhi and silently withdraw both their resident ambassadors.
These external actions will demonstrate clearly that even ‘small nations’ have powerful tools and do not need to take things lying down from a so-called ‘colossus’ or ‘behemoth’.
The writer can be reached at:
shashimalla125@gmail.com
Login to add a comment