Nepal and India: Status of the Treaty of Peace and Friendship (No. 1302), including implementation (2012-October 2014)
In correspondence with the Research Directorate, an associate fellow at the Institute for Defence Studies and Analyses in India, who specializes in South Asian politics, indicated that the Treaty of Peace and Friendship of 1950 between India and Nepal "is in operation" (19 Oct. 2014). A copy of the Treaty is attached to this Response. A joint press statement, released on 4 August 2014, on the Indian prime pinister's visit to Nepal that took place on 3 and 4 August 2014, indicates that "[t]he two Prime Ministers agreed to review, adjust and update the Treaty of Peace and Friendship of 1950 and other bilateral agreements" (India 4 Aug. 2014). The statement further indicates that "[b]oth sides agreed that the revised Treaty should better reflect the current realities and aim to further consolidate and expand the multifaceted and deep rooted relationships in a forward looking manner" (ibid.). Further information on the proposed revisions could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Sources indicate that the Treaty of Peace and Friendship of 1950 allows citizens of both countries to cross the India-Nepal border without official documents (Associate Fellow 19 Oct. 2014; Raj Sharma 2013, 349). According to a working paper on Nepali migration to India, written by Sanjay Sharma [1] and Deepak Thapa [2], "[t]here often are occasional interrogations from the security personnel, custom officers, or individuals working to combat trafficking in persons. However, these are not in any way meant to restrict, check or document the cross-border movement of individuals" (Sharma and Thapa 2013, 4). The working paper also notes that Nepalese labour migrants going to India lack the necessary legal frameworks to protect their rights (ibid., 2). The paper states that "the one document that is considered the bedrock of inter-state relations between the two countries," the Treaty of Peace and Friendship, "does not even explicitly mention the issue of labour migration although it does recognise the fact of cross-border human mobility" (ibid.). However, the Associate Fellow indicated that "[s]ince the Nepalese citizens are offered 'national treatment' and 'same privilege' at par with Indian citizens and also as per the 1950 Treaty, they (Nepalese) can approach Indian Judiciary in case of violation of the Treaty provisions" (19 Oct. 2014). Corroborating or further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] Sanjay Sharma is a Research Associate at the Centre for the Study of Labour and Mobility (CESLAM) (Sharma and Thapa 2013, 43). CESLAM is a Nepal-based interdisciplinary research centre that produces research on labour and movement (CESLAM n.d.).
[2] Deepak Thapa is the Director of Social Science Baha (Sharma and Thapa 2013, 43). Social Science Baha is "an independent, non-profit organisation set up with the objective of promoting and enhancing the study of and research in the social sciences in Nepal" (Social Science Baha n.d.).
References
Associate Fellow, Institute for Defence Studies and Analyses. 19 October 2014. Correspondence with the Research Directorate.
Centre for the Study of Labour and Mobility (CESLAM). N.d. "Objectives." [Accessed 20 Oct. 2014]
India. 4 August 2014. Ministry of External Affairs. "Joint Press Statement on the Visit of the Prime Minister to Nepal." [Accessed 17 Oct. 2014]
Raj Sharma, Jeevan. 2013. "Marginal But Modern: Young Nepali Labour Migrants in India." Young. Vol. 21, No. 4.
Sharma, Sanjay and Deepak Thapa. 2013. Centre for the Study of Labour and Mobility. Taken for Granted: Nepali Migration to India. Working Paper III. [Accessed 17 Oct. 2014]
Social Science Baha. N.d. "About Social Science Baha." [Accessed 20 Oct. 2014]
Additional Sources Consulted
Oral sources: Attempts to contact the embassy of India in Ottawa and a lecturer at the School of Social and Political Science at the University of Edinburgh were unsuccessful within the time constraints of this Response.
Internet sites, including: British Broadcasting Corporation; Christian Science Monitor; Commonwealth Legal Information Institute; Country Studies; ecoi.net; The Economic Times; Factiva; Freedom House; Hindustan Times; India – Ministry of External Affairs; India Today; Nepal – Minsitry of Foreign Affairs; The News Minute; My República; United Nations – High Commisioner for Refugees, Resident and Humanitarian Coordinator's Office; United States – Central Intelligence Agency, Department of State.
Attachment
India. 31 July 1950. Ministry of External Affairs. "Treaty of Peace and Friendship." [Accessed 17 Oct. 2014]