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8 international laws violated

Tuesday, September 29th, 2015
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From the Nepali press

Naya Patrika, 29 September

A week has passed since India imposed an unofficial blockade, cutting supplies of fuel and other essential commodities to Nepal. Experts of international relations say the blockade has violated at least eight international laws and conventions, and this is tantamount to aggression.

1) The Vienna Convention

The UN passed the Convention on Transit and Trade of Land-locked States in 1965, allowing land-locked nations like Nepal to import goods from other countries without any hindrance.

2) Law of the Seas

UN Convention on the Law of the Seas 1973, to which both Nepal and India are signatories, allows all land-locked countries unhindered access to the sea.

3) WTO laws

More than 165 countries, including Nepal and India, are members of World Trade Organisation, and they are entitled to the right to trade with each other.

4) Transit Treaty

In 1989, India imposed an official economic blockade against Nepal when a transit treaty between these two countries expired. The treaty was renewed only after restoration of multiparty democracy the following year. The treaty is still in force but India has imposed an undeclared blockade against Nepal.

5) Bilateral Trade Treaty

Nepal has signed a trade treaty with India to access to sea via Indian territory, which has been violated.

6) Asian Highway Agreement

Asian countries, including Nepal and India, have signed an agreement to connect their highways for regional trade. Nepal’s East-West Highway and Arniko Highway are parts of the Asian highway.

7) SAFTA agreement

South Asian countries have adopted the concept of South Asian Free Trade Area (SAFTA) to promote trade and business with each other. SAFTA law does not allow any country to block other country’s goods.

8) Member countries of Association of Southeast Asian Nations (ASEAN) and South Asia Association for Regional Cooperation (SAARC) have started Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) which guarantees free trade among its member countries.

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42 Responses to “8 international laws violated”

  1. ruhgk on Says:

    journos writing about this is fine, but who is raising these points and causing mayhem at int’l orgs?! until that happens, it’s as if those treaties never happened.

  2. ruhgk on Says:

    kodus to KMD for taking this to int’l news …
    http://csmonitor.com/World/Asia-South-Central/2015/0928/Nepal-accuses-India-of-an-economic-blockade-as-border-trade-freezes-up

  3. Anita on Says:

    The Vienna convention also states that you won’t commit Genocide , like Nepal in Madesh .

  4. Kumar on Says:

    Narrow thinking of writer.. you are saying unofficial blockage by India but I will say this scenario is caused by you by showing biased view for your own countrymen. There is no low violation when this is not imposed by India to supply good. You should provide safe passage in border area to pass goods and are you capable to safeguard that good and make it enable to reach in other part of your country in this current violation scene. India always helped and always tries to help but you have been raising your voice against India from long time.. Try to give respect the country who always supported in your bad time without expecting benefits. Please dont me me guilty to collect money in my organization to support Nepal earthquake disaster…

  5. M. Akram Khan on Says:

    This is the way India treats a “friend” and next door neighbour ! I wonder how India would have used ( or misused ) its veto if it (God forbid) had a seat in the Security council. Violating international laws and commitments is nothing new for India. It has gone back on its promise that it had made to the Kashmiris in the United Nations more than sixty years back. If Mr Modi can renege on his basic responsibility to protect the lives of people who elected him as Chief Minister of Gujarat and allow thousands to be butchered in cold blood, why will he bother about a little blockade of Nepal put in place by his own vindictive minions in pursuance of his hegemonistic policy of blackmailing and browbeating smaller neighbours ? I am certain the people and leaders of Nepal will find a solution to their difficulties and frustrate the evil designs of their not-so-obvious enemies.

  6. Sehar Shinwari on Says:

    India is actually to make Nepal as their slaves but i am sure nepalis will never give up over their identity smile emoticon #Respect_From_Pakistan

  7. Abboud Attieh on Says:

    This blockade is one of the most immoral act in modern history, it is simply used as a weapon against the poor people, not the decision makers, I still don’t believe a big respected country like India takes such a small immoral move to implement its policy.. What a shame..

  8. Vikash Kumar on Says:

    And you Nepali why not take madhesi n tharu in confidence. India never violeted any International law n never blockage boarder, Its blokade by madhesi people…….N 69%nepali against this constitution……..before blaming India you think twice.

  9. Bibek Koirala on Says:

    Hey Vikash Kumar, get a life. First of all, you need to get a lesson in English. Clearly, the British weren’t as successful in teaching English as they were in enslaving you. Secondly, I don’t know how you came up with this number of 69% Nepalis being against the constitution. Well, it would be 69% if you included those shameless Biharis/UPiites having dual citizenships in order to loot Nepal. I hope you are not one of them. A huge majority of Nepalis are ok with this constitution, which is not without faults, but leaves ample space for improvement. Let us sort out our problems ourselves.

  10. vinod on Says:

    I think all political parties in nepal need to decide now whether to take everything from india and chant for china..or truely trust INDIA…

  11. Professional on Says:

    How about writing an article on violation of international laws in Tarai. Some examples are listed blow
    1. Human rights of Madhesis – Violence of security forces
    2. Right to peaceful protest
    3. Right to Equality – Racial Discrimination
    4. Right to own language, dress and culture
    5. Right to Citizenship
    6. Right to self manage
    7. Right to Development

  12. Indra Bahadur on Says:

    Nepal cannot blackmail India using the China card …the nearest port from Nepal in India is Kolkata port at 550km while in China, its Shanghai Port which is 5000km…..The Tibet route becomes out of bound in large part of winter and Nepal will be cut off from the world if India stops access…. The nearest Chinese metropolis is 3500km from Nepal.

    India provides free transit to Nepal.. a rare privilege for a landlocked country. Almost all the India govt jobs are open for Nepal citizens…70lakh Nepalese work and live in India… Yet, Nepalese loves to abuse India at the drop of a hat.

    There are two major population groups in Nepal – Pahadis and Madhesis….. Pahadis occupy disproportionate share of power. Madhesis are 35% of population yet almost negligible in numbers in Army, higher bureaucracy, judiciary etc……Madhesis belong to the plain region of Nepal. India has an open border with Nepal and any kind of disturbance spills into India. … In the current invoked Constitution, Madhesis have given very small fraction of seats in Parliament because of the conspiracies of Pahadi dominated Nepalese politics…… Till 1960s, Madeshis had to take permit to enter Kathmandu .. They are derogatorily called dhoti/Indian.

    The only suggestion India put forward to Nepalese govt since many years is to be fair to Madhesis. Because of open borders, India has to bear the burnt of the disturbance in Nepal…..In response, Nepalese started abusing India and Modi in worst possible manner.

    The current blockade is completely justified… India should enforce this blockade for months and let Nepalese explore the Chinese option. The countries which are dependent on China are treated no better than how s e x slaves are treated by the masters…. Nepalese are too much into one sided love of China.. Let them get the taste of Chinese medicine this time…. Block the border for indefinite time… Unless Nepalese start listening to India, no more luxuries to them.

  13. Soumik on Says:

    The fact remains that this sitaution solves noone’s problems. India and Nepal have had a long and very respectful relation with each other . Nepalese are welcomed into every fact of Indian life and are often trusted more in India than people from India itself.
    However that said this situation needs to be resolved ASAP. The Tharus and the Madhesis form no less than 28% of the population of Nepal and counting other affected groups the new constitution discriminates againt at least 35-40% of the Nepali population as a whole. What needs to be done now is taking the Tharu and Madhesi politicians into confidence and allaying their fears while simultaneously Both India and Nepal should work together to ensure that any Border Blockages by disaffected ethnic groups do not continue.

  14. Alok on Says:

    Very first Phadi Nepali doing bad behaviour with Indian Citizens and Transporter then why they will do any business there and why India will allow any transport there. Second its strange when Nepali Pahadi have slogan BackOffIndia then what the hell they want support from India. Now its time Nepali should be allowed entry only after Visa and all job and educational facility to Nepali should be withdrawn and they are free to go with China where Nepal will be used merely as stooge by China
    Saw statement of Nepali Home Minister and I can say in Hindi “Aukat kuch nahi Bol Bade Bade”

  15. Alok on Says:

    How about writing an article on violation of international laws in Tarai. Some examples are listed blow
    1. Human rights of Madhesis – Violence of security forces
    2. Right to peaceful protest
    3. Right to Equality – Racial Discrimination
    4. Right to own language, dress and culture
    5. Right to Citizenship
    6. Right to self manage
    7. Right to Development

  16. Prakash Singh on Says:

    Why are Pakistanis scuttling along in a News that concerns Indians and Nepalese? May be they got depressed by heavy firing by BSF, or may be there is nothing worth commenting on in Pakistan. BTW say hi to you Afghan brothers who insulted you flag on 14th August.

    Anyway turning to you Nepalese, there is a saying in India: You should not help someone so much that they start considering it as their birth right.

    Many of your arrogant people are saying , Let’s ditch India. So I on behalf of 1.2 billion people request you guys to please ditch us. You truly do not deserve the privileges offered to you. I donated Rs. 10,000 from my pocket (which is a big amount for a middle class person for me) at the time of your Earthquake. But I regret it now from my heart.

    GO become your China’s toy. We don’t care.

  17. Tashi Lama on Says:

    It is sad to know of this current blockade, and it cannot be justified in anyways in which general public suffers more than the corrupted and crooked leaders in Nepal. But we need find how it is caused? and the fact here is of China’s dirty geopolitics for long run with India!! most corrupted leaders like Prachanda working hand in hand with autocrat regime of China. Chinese agents are taking an advantage with the corrupt and narrow minded leaders in Nepal who only think of money money, and Nepalese seems to be unaware of that real situation or just blinded with the new found prosperity in China, which is not going to last forever, as we can realize such impermanence in recent earth quake where things are destroyed in minutes. Nepalese needs to open their eyes to see the real ugly picture of CCP’s oppressive regime, and it’s tactics of cruelty on their own people, regardless of Tibetans, Uigyurs and Mongolians.

    Just looking at the surface of the present situation in Nepal is not good, it is foolishness, I think Nepalese needs to open their eyes and look deeper into cunning Chinese politics and it’s dominance in Nepal. One doesn’t have to look far, just look into the streets of Jyatha and Thamel, China town is in place and locals are having hard time to run business in their own locality, just go and make research, ask the locals!!! this indeed shows the true face of Chinese dominance in Nepal.

    Concerning the history and friendship of Neighbouring countries of Nepal, CCP China is just a new neighbour, which only begin after the illegal invasion of Tibet in 1959, which is now barely 56 yrs old now, before that there is no strong ties in between China and Nepal, but Nepal’s relationship with India is not just a hundreds but many thousands years old culturally and economically, as it is same with Tibet when Tibet was a sovereign nation, which is clearly written and proved in the history of Nepal and one can see the real proofs in the existing museums in Kathmandu.

    India as an old friend had very strong ties with Nepal but they remained very friendly and never tried to create an India town in any place of Nepal unlike the Chinese creating China towns in many parts of the world. I don’t understand why Nepalese don’t understand this reality of Chinese dominance in Nepal! Acting like a child upon this new found friendship is foolishness and pity, it would prove like eating many toffees without knowing the consequences on the teeth which has to chew the main dish? Just look deeper into the history of Tibet, find how China invaded Tibet, Mongolia and Xinjiang? after the invasion of Tibet, China pushed it’s boundary deeper into Western Nepal, without the concerns of Nepal government.

    India as an older friend of Nepal should be respected and treated much more than the China, as India deserves it, because Nepal and India are very deeply connected with each other economically and culturally. Trying to create a sense of hatred to India will only work for China’s dirty geopolitics on India, and it will bring nothing good for Nepal and Nepalese living in India, as we all know that sense of hatred is like a fire which only burns to suffer more.
    It is sad to know that majority of Nepalese are unaware of cunning Chinese policy, Nepalese need to open their eyes before it is too late!!

    However as the saying goes: “More than cherishing the new clothing, I would rather cherish and be remain happy with an old friend”.

  18. ravi on Says:

    if you people are writing please do your research … i am sure writer has done his / her.

  19. Hurray on Says:

    To Indra Bahadur:
    So you are saying a stronger and bigger country should chock its neighboring country to submission, if it does not agree with its internal affairs? Is that your reasoning? Isn’t that what is called “bullying”? And no one buys the false pretext that any violence in Nepal would pour into India. For what reason would the fire that’s burning in Nepal continue through the border towards India? It never mattered to India during Maoists’ war when they were sheltering the terrorists and their leaders.
    What you basically did with your first 2 paragraphs is show the weakness of Nepal, then the 3rd paragraph was about the imperfection in nepalese politics. Then with your 4th and 5th paragraph you showed what India should do to Nepal so that it’s gets what it wants. An attitude of a perfect “bully.”

  20. stan on Says:

    India has its own shit on its backyard(Manipur{gross human rights violation}) why go all saintly on its neighbors?

  21. shyam on Says:

    @bibek It doesn’t inspire confidence in the democracy of the country whose citizen make derogatory comment on his fellow citizens and citizens of the neighbouring country. If you think logically and calmly you would understand that in 21st century every one has equal rights, nobody is slaves of anyone anymore. When you accept all the benefits and concessions(trade , employment opportunities free movement ,aids etc) from another country, it is their right to question and advice when ever its necessary to do so. More over as you rightly pointed out , it concerns the wellbeing of persons or communities of indian origin and definitely Nepal would have also shown concern if Nepali’s or gorkhali’s living in india were to be segregated based on their race and origin but fortunately in our’s constitution , everyone has equal rights. Every one is equal in the eyes of the constitution.

  22. Summit on Says:

    This article’s theme has totally gone wary in comments. Sad!! no 1’s a big brother! no 1 should say how to live or breathe. Please let the flare of humanity still be alive. One should know that forced hunger does not produce Gandhi. Indians and Nepalese both should know that. Let the people decide for them.
    Let’s not curse one another by the name of country/ cast / creed/ region which is in fact just a imaginary boundry. We are humans, lets act like 1.
    Alok n other Indians who supported the Nepalese people in crisis, thank you! we appreciate your humanitarian support. We are also also thankful to the chinese people who supported and same with Pakistani, Afgans, UK, USA , Bangladesh, Bhutan, and many more. Humanity is what profounds us. Never regret your humanitarian efforts. Just pass it forward, one day you shall receive it back witb added interest value!!

  23. AirlineGuy on Says:

    This blockade by India against Nepal is not really about Madeshis/Biharis. It is about asserting India’s hegemony over Nepal. Our Nepali leaders did not listen to South Block when promulgating the constitution, so India is teaching us a lesson for failing to be subservient. India does not recognise the rights of a sovereign and independent Nepal – historically has rarely ever done so. It is policy inherited and maintained from India’s former colonial masters – the white sahibs merely became brown sahibs. Same overbearing attitude. Nepal and Nepalis have to think very carefully on what the status quo of this relationship means for their country’s welfare and prospects in the long term.

    Not to be confused is the relation between the people of Nepal and India- they share so much similarities culturally, linguistically and even in appearance (with a lot of ethnic groups) that an unfamiliar person would not be able to tell them some of them apart. There is a lot of warmth and goodwill between the people of the two countries and though the politicians of both countries (& China/Pakistan) try their best to whip up sentiment against each other this will not change as the friendship is genuine. Hence the Indian people should think carefully what damage this short sighted economic blockade and the imperialistic attitude their government is adopting towards a small, harmless Nepal is doing to the warm relations between these two peoples.

  24. AirlineGuy on Says:

    All those saying that India has not blockaded the passage of essential supplies to Nepal need only to look at the Kakarbhitta Panitanki border between Jhapa and West Bengal in the east. Big border, no madeshi or tharu protest there. Zero disturbance. But the trucks laden with fuel and essential supplies are not being allowed through by the Indian side. The lies of the MEA of India and stooges of India are laid bare.

    It could be that atrocities against Madeshis have been committed by Nepalese govt. security agencies – call Human Rights Watch or UN observers there then. It is not an excuse for India to strangle Nepal with a blockade.

    India is merely asserting it’s hegemony over Nepal. A gross violation of Nepal’s rights as a sovereign and independent nation.

  25. namah on Says:

    @tashi…you speak wisdom my dear friend…

  26. dgupta on Says:

    Beware of India! Think about Sikkim! India and China, who is true friend? This is too obvious.

  27. Kishore on Says:

    Dear Nepali friends

    Never have the feeling that Nepalis are having bad name in our Indian society. They are highly regarded. Please let us not have the ill feelings.

  28. Pur on Says:

    Dear Nepali, we Indians are surprised by your reactions. But mind it, we had respected, have been respecting you. Lets not go to extreme for every small issue. Bashing India is becoming a trend of you people.

  29. Yam Gurung on Says:

    “AS YI SOW YE SHALL GROW”During the British raj in India,British did sow the seeds of”Divide & Rule”policy and now India is applying the same strategy as their British colonial master.
    Because of that India never had a good and healthy relation with its neighbouring countries like Pakistan/Bangladesh /Sri Lanka/Nepal and others.
    And on other hand our beautiful country Nepal,never been govern by the will of the puppet leaders of Nepal.

  30. namah on Says:

    @Pur: I am surprised by your surprise. Have you not read about India’s trade blockade? Unless you were sleeping for past two weeks.

  31. Khagendra on Says:

    A sharp difference between our political leaders who claim to represent us and the Nepali people (us) have emerged during this Indian blockade. The Nepali people, us, are willing to go through hardships and other sacrifices due to scarcity of essentials in order to safeguard our nations sovereignty. However our so called leaders are not willing to sacrifice their political gains/position with their Indian masters for the sake of our country. I see this especially in Congress and Maoist leaders (not a fan of any party). Shame. Alas, what low quality ‘leaders’/politicians we have to represent our Nepali nation!

  32. Niraj on Says:

    I’m surprised to see the commenters — mostly Indians — still having the audacity to tell that India has always respected and helped Nepal. Even at times like these when India has literally tried to crumble our livelihood by imposing unlawful sanctions. It’s crystal clear, isn’t it? Why is it that they can’t get it through their head that they are wrong this time? Or is it always that they need proper head bashing like what Pakistan or China do to them?? I’m amazed by their pathetic brains that they think they have and had helped us. We know you did everything for your economy, not your benefit. And speaking about fixing our problems, it’s ours. We might as well not fix it. None of your business. I’m proud to say that I hate Indian intervention and Indian politics. Clean your own shit first, India. China is coming. Adieu!

  33. Anjali on Says:

    To dear indian frns,

    do plz go through the lives surviving by this blockage in Nepal. As an individual, i used to love u people there in, since my childhood i learnt everything like an indian does bcoz the impression of u frn was merely adopted like there is no any differences between us except nationality we used to bear louder and obviously a deep respect was there, even mongolian communities had also started their daily routines as we people used to.

    but i m still confuse, why indian government showing this inhumane behaviors towards innocent nepalese, pls. don’t say they havn’t, i m an eye evidence of it.

  34. hindolak on Says:

    Nepal is a landlocked country between india and china ( my emphasis). Ask the chinese to help you. We are done with you. Now abuse as much as you can but India is sick and tired of giving you freebies.

    Out of 8 treaties mentioned by the writer, China is signatory to atleast 4 of them. Let us see how chinese treat you? Go away and we will make sure that your 7 million hungry citizens will be back in your country

  35. chandra shakya on Says:

    There is nothing worth achieving or acquiring in the World if you have to make suffer innocent people on the way. We request Madesi leaders to think over this. Please try different approach in stead to deal with those in power in the pursuit of getting demands fulfilled.

  36. nepali blogger on Says:

    Before judging others, it is advisable to India to look at its own face. India has violated massive human right in its own country says report ” AMNESTY INTERNATIONAL REPORT 2014/15″ and pointing finger at Nepal.
    Please refer to the link about her human right violation published by Amnesty International;

    https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/

    Thanks

  37. nepal on Says:

    UN is keeping quite for such a long period, why international communities snoring while bigger Nations are smashing smaller Nations?

  38. Parr on Says:

    It is shocking to see the misinformation in Nepal and outrageously nationalist comments by young nepalese. This is what surprises me…the way I am hearing nepalese talk about the peor of the terai as if they are not one of their own. 42 have died! Shot by police meant to protect the people of Nepal. Why is Kathmandu not enraged by this? I assume because they are extremely disconnected physically, culturally and politically. And the unjustified anger towards India… A country that has been by Nepals side politically since it opened up to Nepal…..and such a lack of fear of China…..a country which continues to overtake the land of other countries and people over and over….and frequently jails, tortures and kills its own citizens. If you want a strong nepal you need to work hard to accomodate its citizens, open up the economy to private companies that can create jobs. Stop believing a corrupt ruling elite (who misinform you through the education system and the media) that Nepals problems are external…they are very much internal problems.

  39. Parr on Says:

    Kathmandu’s ruling elite are out of touch with the deep rooted resentment in the Terai. 42 people have been killed because the ruling politicians thought they could snuffle this anger with force….but concessions and discussions are the only way.
    Madhesi were promised states with Madhesi majority in 2007 and now they been distributed amongst States with hill majority…purposefully to snuffle their power. Considering they are almost 50% of Nepals population, create 80% of its food and control the lifeline border of Nepal; the politicians are right to be scared but this also means they are risking a civil war that would obliterate the country…no Terai, no Nepal. Simple

  40. namah on Says:

    @Parr: you right on many accounts. However, Madhesis are NOT 50% of Nepal’s population. However, that is just a technicality. Even if they were 3%, I support their andolan for dignity and equal rights. Where I do differ from the rest of the madhes andolan (movement) is the question of state demarcation.

    You see, Nepalis of all backgrounds (including madhesi junta (common folk)) are wary of Indian Govt. They think ‘sikkim’. Might be valid, might not be valid. Not that I am an expert. But, that is the ‘feeling’.

    The whole point ‘I have to stay with my brethren’ is obsolete. World has moved on. Would you support african americans demanding the state of Georgia for themselves? or Indians demanding NSW for themselves?

    this is regressive thinking. ON top of that, what state mechanisms are in place to mitigate further discrimination amongst those who demand such provisions? Will a madhesi JHA not discriminate against a madhesi YADAV? of course s/he will. I know it. I have lived in Bihar. I know social and kinship structures of India, especially north India. I am from there as well.

  41. Kiran Thapa on Says:

    Yes, India always wants to dominate its neighborhood countries such as Nepal, Pakistan and so on. It violated international law directly regardless of its own little name in international stardom. I think, Madhesi is only just a small cause for India but in reality it focused on the independence and sovereignty of Nepal. We need not such type of domination in the name of neighborhood country.

  42. Richa on Says:

    India always helped and always tries to help but you have been raising your voice against India from long time.. Try to give respect the country who always supported in your bad time without expecting benefits.I hope it reaches your targetted audience. all the best thank you…
    Justice

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