Re: [NNSD] FW: What Maoist Need Sign to Get Into Power Again ; When King B said No, JanAndolal I started

August 30, 2010

Prof. Dr . Mohan Lohani
Tribhuvan University

Dear Prof Lohani

We need a discourse on this topic to ensure that Nepali people, who love their motherland, are aware of these things.

Late King Birendra
There is no doubt that the late king Birendra ruled (not reigned) Nepal as an absolute monarch/dictator through till 1990 in the name of Panchayat democracy. But his rejection of the captioned treaty proves that he wasn’t a traitor. Same cannot be said of most of the present crop of political leaders, although there are, I must happily note, quite a few exceptions. He preferred to renounce his authorities, privileges, etc. and give what Nepali people “demanded” rather than succumbing to Indian malicious intent.

Former PM Bhattarai
Former PM Bhattarai is currently in the news due to embezzlement by contractor reposed with the responsibility to build residence for him with government financing. I wonder if people remember that on his return from his first official trip to India, as Nepal’s first PM, in 1990 (leading the all powerful interim government wielding even legislative authorities) he did refer to Nepal’s river system as “waters of the commonly shared rivers”. Obviously he was borrowing the terminology from this “unexecuted” treaty.

He failed to get elected to the parliament and we had GP Koirala as first “elected” PM, after JanAndolal I, who was blamed for getting Bhattarai defeated in the election. If that is true then Nepali people loving their motherland should be grateful to Koirala for two reasons. One, for preempting Bhattarai from signing this treaty and two for not signing this treaty himself. In this manner India failed (so far – touch wood!), in her nefarious design over Nepal’s water resources. He, of course, had to give away a little bit in terms of Tanakpur “Understanding” which is a lot better “treaty” compared to all the treaties so far signed by Nepal with India. Unfortunately, this treaty was replaced with Mahakali treaty (the worst of the three) as Koirala tried to mislead Nepal’s parliament and people in Nepal by claiming that parliamentary ratification of Tanakpur understanding was unnecessary.

Former king Gyanendra
He’s got what he deserved due to abolition of monarchy from Nepal. Besides, due to his greed and mismanagement, he also became instrumental in doing away with monarchy in Nepal. He deserves back-handed compliments for this! However, I have come to learn that India did make overtures to him too for execution of a treaty on similar lines but he refused. I have yet to get evidence to substantiate it. However, if this is true then he may be an incompetent and greedy person, but not a traitor. He may have risked abolition of monarchy for refusing to ink this treaty.

Former PM Prachanda
I have also learnt that during Prachanda’s visit to India after he resigned as PM last year, he too was approached in this respect and, thankfully, he too refused to execute a treaty on similar lines. If this is true then he deserves to be saluted by patriots of Nepal.
With best regards,

Sincerely,



Ratna Sansar Shrestha

From: Mohan Lohani [mailto:m_p_lohani@yahoo.com]
Sent: Monday, August 30, 2010 6:34
To: rsansar@mos.com.np
Subject: Re: [NNSD] FW: What Maoist Need Sign to Get Into Power Again ; When King B said No, JanAndolal I started

Dear Ratna Sansarji,

Thanks for forwarding this much talked about proposal which was turned down by Late King Birendra.You are right Maoists will have to sign a document like this if they intend to get into power.
Tks and regds,
Mohan Lohani 

From: Ratna Sansar Shrestha [mailto:rsansar@mos.com.np]
Sent: Monday, August 30, 2010 7:11
Subject: FW: [NNSD] FW: What Maoist Need Sign to Get Into Power Again ; When King B said No, JanAndolal I started

Secret Draft Proposal Rejected By 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                For the Government

                      of Nepal                                         of India

·

Note :

1. This agreement proposed is being published in the book entitled COMPARATIVE CONSTITUTIONS OF NEPAL, Second Edition.
2. Those who love Nepal and take interest on Nepali Politics and Development are requested to go through the following books ( among his six dozen publications) by the famous author Dr. Shaastra Dutta Pant, His email address is shastra@wlink.com.np, Phone 977 1 6202399,  Fax : 977 1 4027208

Books in English Language

(1). ILLUSION OF INDEPENDENCE 

(2). MACHINATION OF RAW IN SOUTH ASIA

(3). NEPAL - INDIA  BORDER PROBLEM

(4). CONTINUOUS INTERFERENCE

(5). COMPARATIVE CONSTITUTIONS OF NEPAL

(6). DISTRICT ADMINISTRATION IN NEPAL

(7). Aspects of Decentralization in Nepal .

2. Books in Nepali Language

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3. Those interested who do not have easy excess to reach the boostall in Kathamandu may get  them through email
4. Wait, they will be put in the websites, probably the web is : sirud.com.np.
5. Thanks for your interest. 

With best regards,


Sincerely,

Ratna Sansar Shrestha, fca
Senior Water Resource Analyst

http:www.RatnaSansar.com/

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