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Indian Infringement over Nepal Border Area

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As Nepal prepares to fix a date for holding talks with India to resolve the border issue, the seriousness of resolve on Indian side and depth of the issue must be realized.

THE history of demarcation of India-Nepal border began on March 4th, 1816, after the signing of the “Sugauli Treaty” between the then British India and the state of Nepal, which declares River Mahakali, of Nepal, as the border-line between both the countries. The Treaty was expected to resolve the border issues, but it did not. Even after such a long time, the dispute regarding the border and the no-man’s land area is being ensued now and then in different areas of Nepali border. The reason for the continuation of such dispute is that the rivers, counted on as border, diverged from their courses several times in the past. Interestingly, around 600 Km of the border is defined by rivers. Mechi in the East, Mahakali in the West and Naryani in the Susta area, and the unavailability of old maps and documents to revise demarcations has made the situation more significant. The Central government of India deputed its Para-military security guards of special services bureau (Shastra Seema Bal) along the border where as to counter guard the Nepali side of border-line, presence of Nepali security is almost nil!. Taking advantage of the ignorant attitude of Nepalese towards border guard, India started encroachment of the border land. She has said to encroach over 61,000 hectares in 26 of the bordering districts, by now. There has been a lot of hue and cry over the encroachment by Nepali people which unfortunately never fell on the deaf ears of the giant called India.

India surrounds Nepal from the East, West and South. There is a 1,808 km long border (September 2019 Wikipedia shows as 1,758 km)between Nepal and India, where out of 75 districts adjoining Indian territory,26 have been encroached, marking 71 areas of disputes altogether. The major ones include Kalapani- Limpiyahura, Susta, Mechi and Tanakpur. There is often found an opportunistic overtone in both countries regarding the ownership of such disputed border points. Hence, to resolve the issue, an India-Nepal Joint Technical Level Boundary Committee has been set up in motion which is still to find a reasonable solution for this false encroachment issue.

The encroachment by India started right after the Indo-Sino border war of November 1962. After facing defeat the Indian army set-up a camp inside Nepali’s territory at Kalapani to monitor the Chinese activities. But now they claim that the area belongs to them. However, reports prepared by Buddhi Narayan Shrestha, former director general of the Department of Survey Nepal, corroborates that the maps of 1850 and 1856 prepared by the Survey of India with the participation of Nepalese authority clearly states that the river originates from Limpiyadhura, 16 km North-West of Kalapani, which proves that Kalapani belongs to Nepal. But India refuses to accept those maps as proof. They say that the map prepared by them in 1875 should be considered as proof which shows river Mahakali origin is beyond Kalapani. Interestingly, the said map does not have Nepal’s certification.

The other disputed area situated in the East of Naryani River, is the Susta area, which is the tensest area owing to encroachment. Some time ago, over one thousand Indian villagers backed by Indian border police force (SSB) had forcibly entered the Nepali territory in Susta. They completely destroyed sugarcane in about ten hectares of land and also manhandled men and women. Where the locals of Susta complain such incidents are rampant in the area. The main reason behind the dispute is the changing course of Naryani River, over the past decades. The river has said to change its course towards the Nepalese side in the West. India has encroached about 14,500 hectares of the reclaimed land because of this. The intrusion happened in stages over a period of decades. According to reports, lands disputes among locals are usually won by Indian nationals who have the support of the armed Indian Border Police Force – the Seema Sashastra Bal. Considering the situation, the people of Nepal had launched a “save Susta campaign”. The organizers requested students of Nepal to join them and launch a valley wide campaign from Nepal’s capital Katmandu. The purpose of the campaign was to inform the world about the wicked plans of her “polite” neighbor India. Actually the reason to start off the border dispute at Susta side is that Susta is surrounded by Indian Territory on three sides -the North, South and East, and on the West it is the Naryani River. Hence, cutting off Susta from its mother land becomes much easier for India to occupy it which will pave her closer to the “Greater India” dream of Hindus.

The other most talked about point of dispute is Mechi. India’s disapproval of “Junge pillers” as the main boundary pillars has sparked the Mechi border dispute. The map published by the British India right after the Sauguli Treaty clearly indicates those pillars to be the main boundary pillars. Even history is evident that British had erected those pillars as monuments of Nepal-India border. But the credit goes to the Indian desire of getting control over weak and tiny neighbours which made her to incite the dispute by denying the original Sauguli Treaty signed by the British and the Nepal Kingdom.

According to the official records, Nepal covers a total area of 147,181 Sq Km. But in reality, the territory of Nepal is gradually shrinking because of the increasing encroachment by India. The Maoists Young Communist league (YCL) once submitted a memorandum to the Indian embassy Katmandu, demanding immediate return of the encroached land by the Indians in Susta area but later the political havoc in Nepal made everything go vanish for some time. They demanded that scientific demarcation of the border land must be done as per historical maps, the encroached territories should be given back to Nepal and the bilateral bordering area should be regulated. The district level of Nepal and India earlier agreed not to allow the use of encroached land for any purpose and put the issue at the central level for the resolution of the problem. But despite the agreement Indian farmers have been cultivating in the disputed area.

The Nepal-India joint Technical level Boundary Committee has supposed to have completed 97% of the task of strip-mapping the border, as per 1874 Persian map adopted by the committee. According to them all the disputes, except Susta and Kalapani, have been resolved. But when the border is traced in the field, many instances of encroachment are found. The unwisely decision of Nepalese side of accepting the Persian map as the basis of demarcation has made them deprived of 1630 hectares of their own land, which now lies in Indian territory. The border committee somehow, could not act the way it ought to. It failed to take firm decisions regarding border disputes at several places, such as the presence of Indian Paramilitary force in Kalapani since 1962.

India has many interests in Nepal to fulfill which it has gradually made her strong political, diplomatic, economic and cultural influence there, all due to RAW’s efforts. Her main strategy is to keep Nepal instable and always dependent towards India. In this regard, she has supported arms to the establishment as well as anti-establishment groups in Nepal, according to the former Prime Minister BP Koirala’s biography. India has a history for formulating efforts on multiple fronts to weaken the already fragile country to facilitate its swallowing. It is high time when all the Nepalese, currently divided among various political affiliations, should come together against the onslaught, instigated by India, in Nepalese territory and understand the game-plan of their hegemonic neighbor. And India also should realize that the flame she has ignited in Nepal can very well extend to its own northern flank and the unstable southern part as well. Keeping in mind the on-going protests in India on account of CAB and changed status of Kashmir and Ladakh, this possibility is too real and near both.

(This research article appeared in author’s blog in the year 2009, unfortunately still stands accurate. Updated the figures and current situation India is facing at home.)

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South Asia

Afghanistan and the Quest for Democracy Promotion: Symptoms of Post-Cold War Malaise

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The U.S. withdrawal from Afghanistan should be the first step in a reduced American overseas force posture. Democracy promotion in the form of perpetual force deployment and endless military engagements has resoundingly failed to deliver tangible benefits for the United States. Those who celebrated in the wake of the USSR’s collapse as an unqualified vindication of liberal democracy ignored the role of strategic overextension and deteriorating domestic affairs in the latter. The unipolar U.S. moment was bound to be ephemeral, and should have been used to reevaluate and refocus strategic goals in order to ensure we avoid the same fate of our ideological counterpart.

Instead, the United States dispensed with any notions of humility and allowed democratic peace theory to continue guiding its foreign policy decision-making. Even though it is true that democracies are less likely to engage in military confrontations with one another, only hubris could have led us to believe we could universally create this sufficient condition. Afghanistan is a definitive rebuke to the notion that we can simply will the circumstances for democratic peace—on our own terms and with no compromise—into existence.

Luckily, there is still time to readjust the country’s strategic calculus and begin allocating its limited resources in a less myopic manner. Following through with withdrawal could be a starting point for a new trend of U.S. restraint. The most logical region of the world to address next would be its position in Europe. Relative European weakness at the end of World War 2 threatened the balance of power on the continent as the specter of Soviet Communism crept its way West. With Russia a shell of the Marxist empire, there is no logical reason for the United States to maintain its current outsized military presence in Europe; indeed, the EU collectively holds a GDP 11 times the size of Russia’s, has 3 ½ times the population size, and spends 4 times as much on defense.

The United States should demand that European allies adopt a share of their own defense that is more commensurate with this fact. The decision of the previous U.S. administration to remove 12,000 troops due to Germany’s inability to meet NATO spending targets was a good step. The current administration could continue to capitalize on this trend and set more targets for troop withdrawals. Withdrawal will also signal to countries that use political tension with Moscow to decrease their saber rattling. This includes Eastern European NATO members, as well as countries like Ukraine and Georgia. It must be made explicit to the latter two that they cannot engage in bellicose political brinkmanship, and then hope to simply rely on U.S. led NATO to come to their defense should the situation escalate. It may seem counterintuitive, but this may very well result in a more stable European security environment, at least in regard to its posture towards Russia.

This will also reverberate back into the European political arena, as there will be less incentive for inflating the Russian threat. Moscow acts strategically in accordance with its limited national security interests, anticipating Western responses and reactions. Clear signaling that the United States and NATO do not have the goal of encircling Russia and rendering it strategically inert will only serve to increase U.S.-Russian relations, as well as European-Russian relations. This will free up U.S. resources for more pressing national security interests such as preparing for strategic and economic competition with China. It will also decrease the incentive for closer Russian-Sino cooperation.

Ideally, this would cascade into a reevaluation of U.S. strategic postures in other regions as well, such as Southeastern Asia and the broader Middle East. The former is another area in which the United States could reduce its force presence and incentivize increased defense spending by allies. A decreased U.S. presence would also message to China that the United States does not inherently oppose Beijing as a threat. It should, however, be made explicit that aggression towards a U.S. treaty ally would be met with an asymmetric response, but that does not mean that increased tensions with China need to be the status quo. In the Middle East, large scale U.S. military withdrawal in exchange for a primarily diplomatic mission to the region could also serve to decrease one of the major sources of terrorist recruitment.

An interventionist foreign policy was perpetuated as the product of learning the wrong lessons from U.S. victory in the Cold War. A communist doctrine of proselytizing to the alienated masses with axiomatic dogmas and theological certainties failed not because of the weakness of its scripture (which would require a much different, longer article), but because its millenarian quest for world revolution led the Soviet empire to overextend itself beyond its economic means. Behind the façade of military might, the domestic population grew increasingly disillusioned and dissatisfied. Unfortunately, there are alarming parallels with the current domestic situation in the United States today.

Refusing to remain mired in Afghanistan could be an important catalyst in beginning to reevaluate U.S. foreign policy. If Washington focuses its resources on limited goals that prioritize key national security interests, it can better tend to the state of its own republican government and society. It might not be as romantic as crusading for democracy, but it could be essential in preserving the Union.

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What, in fact, is India’s stand on Kashmir?

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Women walking past Indian security forces in Srinagar, summer capital of the Indian state of Jammu and Kashmir. Nimisha Jaiswal/IRIN

At the UNGA, India’s first secretary Sneha Dubey said the entire Union Territories of Jammu & Kashmir and Ladakh “were, are and will always be an integral and inalienable part of India. She added, “Pakistan’s attempts to internationalise the Kashmir issue have gained no traction from the international community and the Member States, who maintain that Kashmir is a bilateral matter between the two countries (Pakistan is ‘arsonist’ disguising itself as ‘fire-fighter’: India at UNGA, the Hindu September 25, 2021).

It is difficult to make head or tail of India’s stand on Kashmir. India considers the whole of the disputed state of Jammu and Kashmir as its integral part. Yet, at the same time, admits it to be a bilateral matter still to be resolved between India and Pakistan.

What bars Pakistan from agitating the Kashmir dispute at international forums?

India presumes that the Simla accord debars Pakistan from “internationalizing” the Kashmir dispute. That’s not so. Avtar Singh Bhasin (India and Pakistan: Neighbours at Odd) is of the view that though Pakistan lost the war in East Pakistan, it won at Simla.

Bhasin says, `At the end, Bhutto the “dramatist” carried the day at Simla. The Agreement signed in Simla did no more than call for `respecting the Line of Control emerging from the ceasefire of 17 December 1971. As the Foreign Secretary TN Kaul [of India] said at briefing of the heads of foreign mission in New Delhi on 4 July 1972, the recognition of the new ceasefire line ended the United Nations’ Military Observers’ Group on India and Pakistan (UNMOGIP) role in Kashmir, created specifically  for the supervision of the UN sponsored ceasefire line of 1949, since that line existed no more. Having said that India once again faltered for not asking the UN to withdraw its team from Kashmir, or withdrawing its own recognition to it and its privileges (Document No. 0712 in Bhasin’s India-Pakistan Relations 1947-207).

Following Simla Accord (1972), India, in frustration, stopped reporting ceasefire skirmishes to the UN. But, Pakistan has been consistently reporting all such violations to the UN. India feigns it does not recognise the UNMOGIP. But, then it provides logistic support to the UMOGIP on its side of the LOC.

India keeps harassing the UNMOGIP vehicles occasionally. Not long ago, three members of the UNMOGIP had a close call along the LoC in Azad Jammu and Kashmir after Indian troops shot at and injured two locals who were briefing them on the situation after ceasefire violations.

India even asked UNMOGIP to vacate 1/AB, Purina Lila Road, Connaught Place, from where it has been functioning since 1949.

Bhasin says (p.257-259), `The Pakistan Radio broadcasts and…commentators took special pains to highlight …the fact: (i) That India have accepted Kashmir to be a disputed territory and Pakistan a party to the dispute. (ii) That the UNSC resolutions had not been nullified and contrarily (iii) Kashmir remained the core issue between the two countries and that there could not be permanent peace without a just solution based on the principle of self-determination for the people of Kashmir. And Pakistan was right in its assessment. It lost the war won the peace. At the end India was left askance at its own wisdom’.

Obviously, if the UNSC resolutions are intact, then Pakistan has the right to raise the Kashmir dispute at international forums.

India’s shifting stands on Kashmir

At heart, the wily Jawaharlal Lal Nehru never cared a fig for the disputed state’s constituent assembly, Indian parliament or the UN. This truth is interspersed in Avtar Singh Basin’s 10-volume documentary study (2012) of India-Pakistan Relations 1947-2007.  It contains 3649 official documents, accessed from archives of India’s external-affairs ministry.  These papers gave new perspectives on Nehru’s vacillating state of perfidious mind concerning the Kashmir dispute. In his 2018 book (published after six years of his earlier work), India, Pakistan: Neighbours at Odds (Bloomsbury India, New Delhi, 2018), Bhasin discusses Nehru’s perfidy on Kashmir in Chapter 5 titled Kashmir, India’s Constitution and Nehru’s Vacillation (pages 51-64). The book is based on Selected Works of Jawaharlal (SWJ) Nehru and author’s own compendium of documents on India-Pak relations. Let us lay bare a few of Nehru’s somersaults

Nehru disowns Kashmir assembly’s “accession”, owns Security Council resolutions

Initially, Nehru banked on so-called Instrument of Accession and its authentication by `Constituent Assembly. Yet, in a volte-face he reiterated in New Delhi on November3, 1951 that `we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar] as we are concerned come in the way of a decision by the Security Council, or the United Nations’(SWJ: Volume 4: page 292, Bhasin p.228). Again, at a press conference on June 11, 1951, he was asked `if the proposed constituent assembly of Kashmir “decides in favour of acceding to Pakistan, what will be the position?”’ he reiterated,  `We have made it perfectly clear that the Constituent Assembly of Kashmir was not meant to decide finally any such question , and it is not in the way of any decision which may ultimate flow from the Security Council proceedings’ (SWJ: Volume 15:, Part II, page 394. Bhasin page 56). He re-emphasised his view once again at a press conference in New Delhi On November 3, 1951.

Nehru does not label Pakistan an aggressor at the UN

And then labels it so in Parliament

He never labeled Pakistan an aggressor at the UN. Yet, he told parliament on March 1, 1954 `that “aggression” took place in Kashmir six and a half years ago with dire consequences. Nevertheless the United States have thus far not condemned it and we are asked not to press this point in the interest of peace (Bhasin pp. 55-56).

Nehru disowns the Security Council as just a non-binding mediator

On July 24 1952, Nehru said, `Unless the Security Council functioned under some other Sections of the Charter, it cannot take a decision which is binding upon us unless we agree to it. They are functioning as mediators and a mediator means getting people to agree (SWJ, Volume 19, page 241. Bhasin page 56).

Security Council re-owned

Bhasin points out (page 57 op. cit.) `At the same press conference on 24 July, 1952 when asked what the necessity of plebiscite was now that he had got the Constituent Assembly [approval], he replied “Maybe theoretically you may be right. But we have given them [UN] an assurance and we stand by it (SWJ: Volume 19, pp. 240-241. Bhasin, p. 57, Bhasin pages 256-257).

Concluding remarks

Pakistan’s recourse to the UN is India’s Achilles Heel. So it is as India’s stand on disputed Kashmir is a rigmarole of inconsistent myths.

To avoid internationalization of the Kashmir issue, India’s own former foreign secretary Jagat Singh Mehta offered proposals (rebranded by Pervez Musharraf’s) to soften the LOC in exchange for non-internationalisation of the Kashmir dispute for 10 years. Mehta presented his ideas in an article, ‘Resolving Kashmir in the International Context of the 1990s’.

India had no consistent stand on Kashmir. There was a time when Sardar Patel presented Kashmir to Pakistan in exchange for Hyderabad and Junagadh. Reportedly, the offer was declined as Pakistan’s prime minister Liaquat Ali Khan thought it could retain not only Kashmir but also Junagadh and Hyderabad. Jawaharlal Nehru approached the United Nations’ for mediation. He kept harping his commitment to the plebiscite.

It is eerie that the whole architecture of India’s stand on Kashmir is erected on the mythical `instrument of accession’ and its endorsement by the disputed state’s assembly, Accession documents are un-registered with the UN. The Simla Accord text makes crystal clear reference to the UN charter.

Let India know that a state that flouts international treaties is a rogue state: pacta sunt servanda, treaties are to be observed and are binding on parties. Self-determination is not only a political but also a legal right in disputed lands. Sans talks with Pakistan, and UN or third-party mediation, what else is India’s recipe for imprisoned Kashmiris? A nuclear Armageddon or divine intervention?

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Afghanistan may face famine because of anti-Taliban sanctions

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Food and blankets are handed out to people in need in Kabul, the capital of Afghanistan, by © WFP/Arete

Afghanistan may face a food crisis under the Taliban (outlawed in Russia) rule because this movement is under sanctions of both individual states and the United Nations, Andrei Kortunov, Director General of the Russian International Affairs Council, told TASS on Monday.

“A food crisis and famine in Afghanistan are not ruled out. Indeed, Afghanistan is now on life support, with assistance mostly coming from international development institutes, as well as from the United Nations, the European Union, and the United States, i.e. from Western sources and institutes close to the West,” he said. “The Taliban is under international sanctions, not only unilateral US and EU sanctions, but also under UN sanctions. That is why, in formal terms, the Taliban coming to power may mean that these sanctions could be expanded to the entire country, and it will entail serious food problems. Food deliveries from the World Food Program and other international organizations may be at risk.”

According to the expert, statistics from recent years show that annual assistance to Afghanistan amounts to about five billion US dollars, but this sum is not enough to satisfy the needs of the country’s population. “It is believed that a minimal sum needed by Afghanistan to maintain basic social institutions to avoid hunger in certain regions stands at one billion US dollars a month, i.e. 12 billion a year,” Kortunov noted. “Some say that twice as much is needed, taking into account that population growth in Afghanistan is among the world’s highest and life expectancy is among the lowest. And around half of Afghan children under five are undernourished.”

He noted that despite the fact that the issue of further food supplies to Afghanistan is not settled, some countries, for instance, China, continue to help Afghanistan but a consolidated position of the international community is needed to prevent a food and humanitarian crisis. “A common position of the international community is needed and it should be committed to paper in corresponding resolutions of the United Nations Security Council, which should provide for reservations concerning food assistance in any case,” he added.

However, in his words, the key question is who will control the distribution of humanitarian and food assistance inside the country. “There were such precedents when countries and regimes under sanctions were granted reservations and received food assistance. But a logical question arises about who will control the distribution of this assistance. This has always been a stumbling block for programs of assistance to Syria, as the West claimed that if everything is left to Damascus’ discretion, assistance will be distributed in the interests of [President Bashar] Assad and his inner circle rather than in the interests of the Syrian people. It is not ruled out that the same position will be taken in respect of the Taliban,” Kortunov went on to say. “It means that the international community will be ready to provide food assistance but on condition that unimpeded access will be granted to the areas in need and everything will not be handed over to the Taliban who will decide about whom to help.”

After the US announced the end of its operation in Afghanistan and the beginning of its troop withdrawal, the Taliban launched an offensive against Afghan government forces. On August 15, Taliban militants swept into Kabul without encountering any resistance, establishing full control over the country’s capital within a few hours. Afghanistan’s President Ashraf Ghani said he had stepped down to prevent any bloodshed and subsequently fled the country. US troops left Afghanistan on August 31.

From our partner RIAC

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