How India influenced Nepal’s constitution: Lessons for Sri Lanka
Posted on April 11th, 2016

Shenali D Waduge

India punishes any country that doesn’t take orders from India. Nepal experienced this in 2015. Nepal is a landlocked nation. Its petroleum supplies come from India (300 fuel trucks per day). When Nepal didn’t listen to India, India blocked all imports to Nepal and created a crisis when petroleum, medicines, earthquake relief material and even food were stopped from reaching Nepal. Some 2000 factories had to shut down. The blockade was because India wanted Nepal to make specific changes to Nepal’s constitution. India did the same in 1989 when it closed 19 of the 21 border crossing over a dispute regarding renegotiation of lapsed trade and transit treaties primarily due to Nepal’s increasing cooperation with China.  The question is with India going to such extremes is it really safe for Sri Lanka’s leaders to pass all key requirements of the Sri Lankan public into the hands of India knowing what India is capable of doing and that India will not think twice about even denying humanitarian aid if India’s demands are not met?

It was the Indian Express that published the connection in the blockade and the constitution and despite the Indian government denying, the reporter stood by his original report stating that ‘these amendments/changes were communicated by New Delhi to Kathmandu’. The Economic Times ‘confirmed that at least till the third week of September they had orders from above to intercept fuel shipments to Nepal’. Nepali social media vehemently protested. There were even talk that Nepal was infiltrated with Indian protestors posing as Nepalis (a most likely scenario in Sri Lanka as well with Tamil Nadu Tamils posing as Tamils of Sri Lanka).

Nepal passed its new constitution on 20 September 2015 after 7 years working on it.

The supposed India-Nepal open border treaty means that citizens of both countries can move freely, work and live across borders without passports. It would be exactly the same if ETCA is signed leaving a flood of Indians crossing to Sri Lanka.

If India influences the Madheshis of Nepal is it not the same thing India is doing with the Sri Lankan Tamils and the Estate Tamils? If Nepal says the Madhesi movements have been backed by India, isnt what India did in creating armed militancy in Sri Lanka the same? When Nepali’s feel the Indian plan is to ultimately attempt to absorb Nepal into India in whole or in part citing the case of Nepali-dominated Sikkim, isnt the same happening to Sri Lanka?

Nepal’s old constitution did not allow children of Nepali women to obtain Nepali citizenship in order to stop trafficking of Nepali women as brides (both parents had to be Nepali for children to gain citizenship).  However Indians made sure this clause was removed. (every child found in Nepal wherabouts of whose paternity and maternity is not known, shall until the mother or father is traced, be deemed a citizen of Nepal descent). (a very slow but definite demographic change of Nepal by India” / a person born to a Nepali citizen mother whose father is not traced shall be Nepali citizen by descent” ) You can bet that India will do the same if Sri Lanka addresses Indian illegal immigration to Sri Lanka in the new constitution.

Nepal borders Bihar and Uttar Pradesh which have a combined population of over 300million against Nepal’s population of just 28million. This again is no different to 76million Tamil Nadu Tamils against 20million Sri Lankans.

The overwhelming presence of Indian Oil in Sri Lanka should make people now think about how Nepal fell into trouble during the Indian blockade in 2015. Nepal Oil Corporation like Sri Lanka’s CPC was the only state owned company which distributed petroleum in Nepal. With India not allowing petrol, diesel, cooking gas, kerosene into Nepal it was the innocent Nepalese people who suffered. It will be the innocent Sri Lankan public who will end up suffering when India does the same in time to come because our leaders have simply sold us out. The price of petrol per litre was Rs.104 before the blockade, thereafter Nepalis had to buy it for Rs.300-450 per litre. The Nepali government had to even sell firewood to meet the shortage of cooking gas. This was in 2015 all sectors were hit – economy, tourism, transport, agriculture! India did not even care that 3m children under 5 years were at the risk of death/disease during the winter due to shortage of fuel, food, medicines and vaccines. Do we need any more lessons for Sri Lankans to open their eyes? In October 2015 the Nepali Oil Corporation and PetroChina signed an agreement to import fuel from China.

Madhesi movement in Nepal is said to be supported by India which again calls to mind how India clandestinely trained, armed and financially supported 35 militant groups from Sri Lanka including the LTTE to destabalize Sri Lanka. India’s support for the Madhesi’s and Tharus is because both form bulk of population of Terai, and Terai region constitutes 1/5 of Nepal’s landmass but accounts for over half of Nepal’s population. Link this to Tamil Nadu and Sri Lanka’s North and East and India has a greater eelam extending from India to Sri Lanka. It is based on this that India is pushing for the rail, road bridge, the ETCA allowing Indians to live and work in Sri Lanka and Indians to own land in Sri Lanka as well.

The Madhesi’s have opposed the new constitution and this is a clear sign of the scenario likely to prevail in the LTTE-TNA camp. Madhesi’s in Nepal and the LTTE-TNA have been demanding the fulfillment of their ‘aspirations’.

If Madhesi’s have opposed the clause in the new constitution “religious and cultural freedom, with the protection of religion and culture practiced since ancient times” it is most likely that the foremost place to Buddhism in Sri Lanka’s constitution and the 2600 civilizational heritage and history will also be in for changes unless the public begin opposing.

Both movements in Nepal & Sri Lanka have sought Indian support. Isnt that a coincidence!

http://timesofindia.indiatimes.com/india/Madhesis-seek-Indias-support/articleshow/49307403.cms

India had even officially conveyed to Nepal of 7 amendments India wished Nepal to make in its constitution!  Look at the extent of interference by India

The proposed amendments are:

  • Article 63 (3) of the Interim Constitution provided electoral constituencies based on population, geography and special characteristics, and in the case of Madhes on the basis of percentage of population”. Under this provision, Madhes, with more than 50 per cent of the population, got 50 per cent of seats in Parliament. The latter phrase has been omitted in Article 84 of the new Constitution. It needs to be re-inserted so that Madhes continues to have electoral constituencies in proportion to its population,” a government source told The Indian Express.
  • In Article 21 of the Interim Constitution, it was mentioned that various groups would have the right to participate in state structures on the basis of principles of proportional inclusion”. In the new Constitution (Article 42), the word proportional” has been dropped — Delhi wants it re-inserted.
  • Article 283 of the Constitution states that only citizens by descent will be entitled to hold the posts of President, Vice-President, Prime Minister, Chief Justice, Speaker of Parliament, Chairperson of National Assembly, Head of Province, Chief Minister, Speaker of Provincial Assembly and Chief of Security Bodies. This clause is seen as discriminatory for the large number of Madhesis who have acquired citizenship by birth or naturalisation. Delhi says this should be amended to include citizenship by birth or naturalisation.
  • Article 86 of the new Constitution states that National Assembly will comprise 8 members from each of 7 States and 3 nominated members. Madhesi parties want representation in National Assembly to be based on population of the Provinces. This, Delhi says, should be done to address concerns.
  • Five disputed districts of Kanchanpur, Kailali, Sunsari, Jhapa and Morang: Based on the majority of the population, these districts or parts of them may be included in the neighbouring Madhes Provinces.
  • Article 154 of the Interim Constitution provided for delineation of electoral constituencies every 10 years. This has been increased to 20 years in Article 281 of the new Constitution. Echoing the Madhesi parties, India wants this restored to 10 years.
  • Article 11(6) states that a foreign woman married to a Nepali citizen may acquire naturalised citizenship of Nepal as provided for in a federal law. Madhesi parties want acquisition of naturalised citizenship to be automatic on application. This also finds favour with Delhi.

The Indian Ministry of External Affairs denied the report as incorrect. However the Indian Express reporter stood by the report claiming that India did demand the changes.

http://indianexpress.com/article/world/neighbours/make-seven-changes-to-your-constitution-address-madhesi-concerns-india-to-nepal/

Has India violated UN General Assembly Resolution A/RES/25/2625 declaring the principles on international law concerning friendly relations and cooperation among States?

  • Has India violated clause that stipulates all States to refrain from using threat or force against the territorial integrity or political independence of any State? Such a threat or use of force constitutes a violation of international law and the Charter of the UN. A war of aggression constitutes a crime against the peace, for which there is responsibility under international law. India’s neighbors will certainly have a long list of woes on India’s bullying
  • Duty not to intervene in matters within the domestic jurisdiction of any State”
  • Every state has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands including mercenaries for incursion into the territory of another State” (India did clandestinely train and arm Tamil militancy in Sri Lanka. Jain Commission report is evidence of this)
  • Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts, when the acts referred to involve a threat or use of force”.  Tamil Nadu used as a logistics hub for Sri Lankan militants and Tamil Nadu politicos encouraging & supporting eelam in Sri Lanka. http://www.tamilguardian.com/article.asp?articleid=7427
  • No State or group of States has the right to intervene, directly or indirectly for any reason, whatever, in the internal or external affairs of any other State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements are in violation of international law”
  • No State may use or encourage the use of economic political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights and to secure from it advantages of any kind. Also, no State shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the regime of another State, or interfere in civil strife in another State”
  • Every State has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another State”
  • Sovereign equality including in the above Resolution
  1. States are judicially equal;
  2. Each State enjoys the rights inherent in full sovereignty;
  3. Each State has the duty to respect the personality of other States;
  4. The territorial integrity and political independence of the State are inviolable;
  5. Each State has the right freely to choose and develop its political, social, economic and cultural systems;
  6. Each State has the duty to comply fully and in good faith with its international obligations and to live in peace with other States.

The extent of violations committed by India upon its neighbors can be drawn by listing the manner India has violated the UN Charter and international laws by interfering in the internal affairs of sovereign nations.

It would be a good time to present all violations committed by India upon its neighbours to the UN though we can but wonder whether anything constructive would come out of it because India is behaving no different to the manner the US, West and NATO functions in bulldozing their way forward.

Nepal’s constitution was definitely not of their own making. USAID and numerous other NGOs played a key role no different to how foreign-funded organizations are playing the same role in Sri Lanka. The monarchy rule of Nepal was changed into a secular state. The Hindu identity was also changed. In the meanwhile the British High Commissioner in Nepal has been accused of supporting Christian missionaries. He has even promoted the inclusion of the right to convert in the new constitution.

http://www.christiantoday.com/article/british.ambassador.to.nepal.accused.of.supporting.christian.missionaries/44777.htm / http://therisingnepal.org.np/news/568

USAID too played a key role in Nepal Bar Association just like in Sri Lanka (strengthening rule of law). The changes to Nepal came having tapped its media, legal structure, youth, professional bodies, local NGOs under a US-Indian plan. If we cannot pick the similarities taking place in Sri Lanka we really are doomed.

None of what Nepal went through should surprise us as these developments are identical to what is now taking place in Sri Lanka. If we do not learn from these lessons and take appropriate counter measures/actions we deserve what we are likely to be dished out.

Shenali D Waduge

5 Responses to “How India influenced Nepal’s constitution: Lessons for Sri Lanka”

  1. Dilrook Says:

    Thank you Shenali.

    Sri Lanka must learn from Nepal how to stand ground. Nepal is in a much more difficult state that Sri Lanka as it depends on India for trade. India imposed sanctions but Nepal didn’t surrender. Now Nepal and China are building a road which will bring unprecedented prosperity to the country, India comes knocking on the door.

  2. Christie Says:

    What is awaiting us. See what is happening in Canada to its natives. Same will happen to us and other natives of the Indian Empire like the native Fijians.

    Attawapiskat First Nation
    – isolated First Nation tribe in Kenora District, northern Ontario, Canada population around 2,000 on the reserve
    former chief Theresa Spence had a hunger strike in 2013 to protest over the Canadian government not providing enough money, education and health care for the tribe
    – had a state of emergency in 2011, the third in three years, due to low temperatures and insufficient housing
    – in 2013 accused Stephen Harper’s Conservative government of being right-wing and racist
    The Health Canada federal agency said in a statement it had sent two mental health counsellors as part of that unit.
    Charlie Angus, the local MP, said: “This is a systemic crisis affecting the communities.”
    “There’s just not been a serious response from any level of government until now,” he said.
    “We’ll continue to work to improve living conditions for all Indigenous peoples,” Prime Minister Trudeau said.
    Another Canadian aboriginal community in the western province of Manitoba appealed for federal aid last month, citing six suicides in two months and 140 suicide attempts in two weeks.
    Suicide and self-inflicted injuries are among the top causes of death for First Nations, Métis and Inuit people, according to studies from Health Canada.
    National Chief of the Assembly of First Nations Perry Bellegarde called for a national strategy to combat indigenous suicide last month.
    “Immediate support to communities is essential & a #FirstNations driven national strategy on mental health,” he tweeted on Monday.

  3. AnuD Says:

    Recently burma came to get Help for their constitution from Sri lankan lawers association..

    Sri lankan Bar association was salivatiing. Because that was the CIA component.

  4. Fran Diaz Says:

    Our thanks to Shenali for exposing facts on the issues of small countries near INDIA, with INDIA.

    Sri Lanka is an island nation just 25,000 sq miles in size.

    How do other small landlocked or island nations protect themselves from the Big Bully syndrome from nearby INDIA ? The citizens in each small country must move as One where Patriotism, National Security and the Economy are concerned.

    All the smaller countries near INDIA should get together under ONE umbrella organisation and sign an Agreement with the UN that none of them woud jeopardise INDIA’S SECURITY ISSUES, and in return not to send their Dalits etc to the surrounding countries as Labor, legally or illegally. Every country now has its own population problems. They do not want more unloaded from INDIA.

    Sri Lanka for one does not need any more Tamil Dalit labor from Tamil Nadu – legally sent or illegally sent INDIAN labor is not needed in Lanka. Lanka is up to her ears in Tamil Dalits from Tamil Nadu. Which small country is up to dealing with more of so called troubled INDIAN LABOR (almost all of Dalit origin), forced on them ?

    We wonder why there is NO net exodus of Tamils of Lanka TO Tamil Nadu (Homeland of Tamils). The same for the Tamil Diaspora – why do they NOT go to Tamil Nadu, Homeland of Tamils ?

  5. Ananda-USA Says:

    Thank you Shenali for highlighting the CREEPING ANNEXATION of Sri Lanka by India that is now underway in earnest!

    Consider the following recent threats:

    1. Building a Land Bridge between Sri Lanka and India to facilitate movement of people, goods and military personnel …. when needed …. from India to Sri Lanka. When we can barely control the illegal immigration by sea now, how much more difficult will it become when container loads of hidden illegals are moved by train? Our leaders should recognize and reinforce our defenses, not dismantle them and lay ourselves prostate to be violated by the Indian octopus.

    2. Recently, a FREE AMBULANCE SERVICE by an Indian Company was initiated in Sri Lanka. This is a way to take people and weapons all over Sri Lanka and conduct clandestine operations RAPIDLY WITHOUT BEING SEARCHED by security forces and to gain acceptance of unthinking common people just like a free rice handout! India is slowly setting up the logistic apparatus to infiltrate and control Sri Lanka.

    3. Recently, some TNA politicians said they want more CULTURAL ENGAGEMENT with Tamil Nadu to “revive” the Tamil Culture of Sri Lanka. Let us call it what it is … the further Indianizatio of Sri Lanka and growth of the Greater Eelam! While we call for UNIFICATION AND INTEGRATION of all Sri Lankans, Tamil are urging further polarisation, division of our people all in the name of “human rights” and “democracy”. The TNA is singing the same tune the Sun God sang in his heyday, even as he inflicted death and destruction upon his own people. My god, Tamil NEVER LEARN!

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