Wednesday, November 15, 2006

Views

Code of Conduct in Nepal Media

-P. Kharel, Senior Journalist, Nepal

In a presentation on “Journalism: Rights and Responsibilities”, Paul Chadwick, of the Melbourne-based Communications Law Center, is against “the trend in regional and global media to disconnect journalists from society. Audiences are not just markets for media products and advertising. Audiences compromise cultural, religious and political communities.” (Broadcasting in Asia, 1997)

As journalists in any society play an important role, their rights should be respected just as journalists should also exercise responsibility. According to Chadwick, journalists are responsible to the people they write or broadcast for, the sources of their information, the people they write or talk about and the broad public interest.

Codes of conduct are considered essential for different professional groups in modern society. News media organizations and advertisement agencies in many countries have formulated a code of conduct to be observed. In Nepal, the Press Council has drawn up a code of conduct for journalists but it is tailored to print journalists. The 2003 Code of Conduct attempts to include the broadcast media but it is by and large inadequate. A more comprehensive, broadcast-specific code of conduct is essential.

Until 1996, there were only the state-owned Radio Nepal and Nepal Television. Private companies were not allowed to run radio services. Things are different now, with more than four dozen private FM radio stations operating in different parts of the country. Radio Sagarmatha became the first private sector radio in South Asia when it formally took off in 1997. More than four dozen others went on air subsequently. Yet it is inexplicable as to why there is no authoritative code of conduct for those in the radio broadcasting sector.

There is clearly a need for a code of conduct for radio and television services in Nepal. In the absence of such a code, listeners are at the mercy of radio operators. Some of the issues and areas that need to comprise a code of conduct can be gleaned from the guidelines laid down for themselves by international organizations.

The Fourth Asian Broadcasters Conference in 1962 laid emphasis on:

l Ensuring the presentation of news and fair and unbiased comment

2. Promoting the advancement of education and culture

3. Raising and maintain high standards of decency and decorum in all programmes

4. Providing programmes for the young which, by variety and content will inculcate the principles of good citizenship

5. Promoting communal harmony, religious tolerance and international understanding

6. Respecting human rights and dignity

The following Code of Broadcast News Ethics for RTNDA was adopted in January 1966, and amended in October 1973:

The members of the Radio Television News Directors Association agree that their prime responsibility as journalists—and that of the broadcasting industry as the collective sponsor of news broadcasting is to provide to the public they serve a news service as accurate, full and prompt as human integrity and devotion can devise.

2. The primary purpose of broadcast journalists—to inform the public of events of importance and appropriate interest in a manner that is accurate and comprehensive—shall override all other purposes.

3. Broadcast news presentations shall be designed not only to offer timely and accurate information but also to present it in the light of relevant circumstances that give it meaning and perspective.

4. Broadcast journalists shall seek to select material for newscasts solely on their evaluation of its merits as news.

5. Broadcast journalists shall not misrepresent the source of any broadcast news material.

6. Broadcast journalists shall actively censure and seek to prevent violations of these standards, and shall actively encourage their observance by all journalists, whether of the Radio and Television News Directors Association or not.

7. The Fourth Asian Broadcasters Conference in 1962 adopted a broadcasting code, whose provisions include:

8. To ensure the presentation of news and fair and unbiased comment.

9. To promote the advancement of education and culture.

10. To raise and maintain high standards of decency and decorum in all programmes.

11. To provide programmes for the young which, by variety and content will inculcate the principles of good citizenship?

12. To promote communal harmony, religious tolerance and international understanding.

13. To respect human rights and dignity.

The BBC in October 1998 apologized to a cabinet minister who was described during one of its news programme as gay, igniting a debate about media intrusion into the private lives of politicians. Aide to Trade Secretary Peter Mandelson said that he had received a letter of apology from Sir Christopher Bland, the BBC chairman. Mandelson had no comment on the letter, the aide said, adding that he preferred not to make an issue of his sexual orientation The furor began when Mathew Parris, a columnist for The Times of London, said on a late-night BBC programme that Mandelson was “certainly” gay.

Meanwhile, the BBC added to the controversy by ordering staff members never to repeat the remark of Parris, who is openly gay, on any of its programmes. That move provoked charges of clumsy censorship and of giving special treatment to Mandelson, a close adviser to Prime Minister Tony Blair. The BBC altered a news quiz programme to remove a running joke about Mandelson. Protesters included the opposition Conservative Party, several of whose politicians were pursued by the media over extramarital affairs.

Competition & Risks

There is stiff competition among journalists from radio, television and print media for more details and in-depth reportage. Many of them take risks to cover certain events and developments, including those in conflict zones. The risks faced by journalists and media staff working in such dangerous situations are high. Quite a few risk their lives and limbs.

The International Federation of Journalists (IFJ) has issued an “International Code of Practice for the Safe Conduct of Journalism which calls for media organisations to take steps for minimizing risks to their staff. The six-point Code calls on journalist groups, media organisations and all other relevant public authorities to take measures for protecting not only full-time but also freelance or part-time journalists and media workers.

Under the IFJ code, freelance and part-time journalists and media workers must receive, on an equal basis, the same social protection and access to training and equipment as that made available to full-time staff. Media organisations shall provide social protection for all staff engaged in journalistic activity outside the normal place of work, including life insurance, and provide risk-awareness training for those journalists and media workers who are likely to be involved in assignments where dangerous conditions prevail or may be reasonably expected.

New Technologies

The advent of many new technologies has opened new vistas for the enterprising and the innovative among radio broadcasters. Automation has reached such a sophisticated stage that taped local personalities can be heard on local automated stations indistinguishable from live programming. IT experts are excited because “with satellite technology, stations can operate without people, with all technical requirements handled by computer or satellite-monitoring services. Regional radio companies with multiple stations and markets will create their own regional satellite networks as the low cost of satellite uplinks will allow virtually anyone to feed programming to affiliates, with localization in each market.”

Direct broadcast satellite (DBS) transmission is another development that allows to broadcast a signal from a satellite to reach a home or car radio receiver. Digital audio broadcasting (DAB) creates CD-quality digital audio. Ability to support and adapt new technologies offers opportunities to improve the quality of broadcasting, having a positive bearing on the service provided by a broadcaster. Technology is developing at such a speed that equipment that was received with great excitement until recently is rendered rather obsolete now. Many broadcasting stations go for the advantages offered by the latest technology in order to cope with stiff competition for attracting listeners.

For least developed countries, adaptation to new technology can be rather slow. Broadcasters in a least developed country like Nepal, where two-thirds of the 25 million people live below poverty line, will find it difficult to keep pace with technological development. Finding new investment is not easy. Most of the 50 or so FM radio stations in Nepal are under considerable financial constraints, given the severe limitations of a commercial advertisement base and extremely few sponsorships. The technology they have installed is relatively modern but, once an investment has been made, purchasing and installing new equipment becomes a difficult proposition even if the equipment can improve efficiency and quality.

Conflict scenario: Share of and impact on Judiciary

Professor, Dr. Bharat B. Karki
Head of the Law Department, Faculty of Law, T.U

 Conflicts and contradictions as the state of oppositions are inherent in every society and at different stages of time. Conflicts are mostly accompanied by anger, frustration, hurt, anxiety or goals or values are not fulfilled or unheard by the other party formally supposed to be the grievance - taker/ executioner or government. The feelings of unfairness, suspesion, injustice, mistrust ultimately man to conflict. Conflicts represent differences in opinion, misunderstanding, clashes of interest, disagreements, public complaints (protests, commotion, assault, antipathy, legal battle, violence and war, rebellion or insurgency, civil war, terrorism). Hence conflicts lead from peaceful protests to bloody war. Its nature may be political, social, economic, cultural, communal, professional, organizational, local, national, international, peaceful and armed.

The nature of major conflict in Nepal has remained predominantly political in particular demand for democracy which is obvious from the democratic revolutions of 1950, 1980, 1990 and 2006. The latest conflict in the form of CPN (Maoist) insurgency seems to be the manifestation of combined result of centuries old inequalities, injustice, discrimination, poverty, illiteracy and governance failure. The non-violent silent cry and social conflict of history represented by the great marginalized Nepalese mass which later linked with Maoist insurgency represent the nature of Nepalese conflict. The 40-point demands raised by the Maoists to the Nepalese government for the first time on February 2, 1996 reflect the popular demands of common masses, which relate to the demands related to nationalism, public well being and people's living. The plundering Maoist rebellion inviting serious national and international concerns does relate not only to its extremist designs but also relate to the reorganization of its popular demands and genuinity of issues. The Maoist agendas have now become major national agenda and the Maoist insurgency is now a political movement.

The root causes of Maoist insurgency may be enumerated as:

 Absence of distributive justice and existence of legal pluralism, are inevitable sources of conflict. Property rights or ownership or resource management in the central issue is resource conflict. Merely by enforcing new laws by the Nepalese government could hardly work unless local stakes are addressed. The courts have very small involvement in such resource conflicts.

In the decade long experience with democratic governance, the role of judiciary i.e. of Supreme Court of Nepal is the central theme. From the framing of the Constitution (in which 6 out of 9 members including the Chairman of the Constitution Recommendation Commission were jurists) and with every step of its consolidation, the judiciary is omnipresent, guiding, dictating or imposing its will in a vein of Constitutionalizing rather than democratizing the system. The Constitution of 1990 reposed on the judiciary the supreme authority to protect the Constitution and Constitutional system during normal times. Supreme Court's direct role is to safeguard the Constitutional provisions from being abused and misused, and the indirect one of institutionalizing democracy. This rule of law authority of the judiciary is constitutionally guaranteed (vide Articles1,56(2) and 56(3), Supreme (except Articles 31,62 (2), 62 (5) and 122, but ultimately independent under Articles 84, 85, 86, 88, 95, 96), is exercised by three-tire courts added by some special courts and tribunals. Now quasi-judicial bodies or/and administrative authorities are refrained by Article 84 to exercise their hitherto granted judicial authority but in practice, it is not effected for want of an appropriate enforcing law.

Dispensing full justice(may be only legal justice devoid of social justice expectation) either in any form of roles of adjudication, judicial review (of legislation and administrative action) and advisory opinions, are the ultimate mandates of this judicial system. Democracy has rewarded the judges with unparalleled honor and authority with the belief that they will maintain and use their integrity, wisdom and independence for the benefit of the people and the nation at all times. Extent of public faith is the generally recognized parameter for the effectiveness of the judiciary. At the end of a decade- long experience of Nepal's democratic system, a crisis in the judiciary both internally and externally are broadly felt.

The major causes of deterioration of judicial integrity and credibility as publicly acknowledged are: corruption in judiciary, a defective judicial appointment process, unpredictable court, incompetence among the judges, delays in procedural formalities and judgment, quality of judgment, the court structure, and politicization of the judiciary.

Manipulation in lowering the real age by the chief justice and judges of the Supreme court in order to extend service periods, judicial corruption scandals like Brief case scandal (attempt by a government attorney to supply a briefcase full bribed money to a District Court judge), Robinson Scandal (Gordon Williams Robinson v HMG case 2002), two irate judges of the Supreme Court who released the drug peddler accused Gordon William Robinson illegally on unreasonable grounds were forced to resign from their posts), Judge Karna Scandal (in which a district court judge while taking bribe was arrested red-handed by the illegal RCCC was supported by the judiciary), chief Justice Hari Prasad Sharma of the Supreme Court delivering official speech supporting Royal autocracy, and delaying judgment on the dispute relating to the leadership of CPN (unity centre), opposing the democratic movement of the political parties are the few examples contributing to conflicts by the Nepalese Judiciary.

(2) Impact of Conflict on Justice Dispensation

Maoist insurgency has really obstructed the judicial process as courts and judges were targeted physically by the Maoists in order to cripple the dispensation of justice system of the state. Such a failure of judiciary could be a success to the Maoists according to their revolutionary policy strategy. Sub-sections 17 and 18 of section-1 of the 75-Point Programme of unlimited Revolutionary People's Council Nepal conferred the Maoist Policy and Programme on law and justice, as follows:

In pursuance to such policies and programmes people's courts were/are established at all levels of Maoist controlled rural areas of the country and also in parts of urban areas and capital cities. Large number of court buildings are destroyed and damaged during People's war, some court officials were also killed during attacks, a chief justice of the Supreme Court scaped in a mine blast assassination bid few years ago, Maoist threats and terror outside the capital areas have nearly halted judicial proceedings and justice delivery process, number of district courts and their sits ware vacated, there ware courts without cases, people's courts were boomed but state courts doomed, state army or unified army camps and depots ware stationed at some vacated court buildings, armed security units have been kept in each court premise, interference in judicial proceedings seemed common, personal security arrangement have been sought by the judges, at high risk area courts judges and staff did not want to stay there and take leave or either resign, case filing and disposal have gone down. For the sake of personal safety and maintaining confidentiality the judges and staff do not reveal the actual agony and panic they have suffered at the hands of Maoist insurgents. As a result of the gravity of conflict execution of court's decisions became very difficult. Non- presentation of the arrested person before the court arrest of the released person(Maoist accused) even from the Supreme Court, arrest and bitting of the lawyers, illegal trespass to the court building by the armed security personnel, blockading the Supreme court compound gates for long hours till night by the armed security force, ruthless suppression of lawyers' peaceful agitation, sacking and appointing royalist judges, excess of illegal RCCC, refusal of the court to issue habeas corpus writ at times during the royal autocracy during 2005-2006 are the sad real stories at the annals of country's judicial history.

Even after the restoration of multi-party democracy in April 2006 and signing of 25-point and 8-point Agreements and after cease fire the Maoist People's courts (Jan Adalat) are reportedly functioning despite Maoists declaring them to stop, and other threat to justice dispensation by state court are not reduced. As a result lawlessness and impunity still persists at the names of Maoist militants and state military. Hence, there seems to be a very low impact of conflict transition on judiciary.

Dossier:

Bureaucracy, Governance and Development

R. K. Nayak, India

Bureaucracy, by definition, is a professional corps of officials organized pyramidally, and functioning under impersonal and uniform rules and procedures. As a process, it is seen to have chains of command, spans of control, systems of laws and regulations, and superior-subordinate relationships.

The classical theories of bureaucracy have now given way to modern theories of scientific management. Bureaucracy is now seen as a functional and dynamic body capable of far-reaching changes to blend with the times. In fact, it is expected to be an agent of change, an agency for good governance that should result in real development.

According to Habitat II, first and foremost, good governance requires accountability of public officials; both elected political leaders and civil servants. Their public functions must serve the community at large. Second, good governance requires transparency in public procedures, processes, investment decisions, contracts and appointments. It is not sufficient that information simply be available, it must also be reliable and presented in useful and understandable ways to facilitate accountability Third, good governance requires wide participation in making public choices, such as policies and regulations (and even in the operation of markets).

Major public choices demand wide participation and debate involving not just govern mental agencies but also diverse, representative and accountable non-governmental organizations. The main objective of good governance as it relates to participation is to encourage a political leadership that reflects and promotes ideals of good citizenship, such as informed participation, compassion and fairness. Fourth, good governance is built on the rule of law. Modern societies, especially those in cities, are extremely complex. Those that remain organized and prosperous do so because rules and expectations closely correlate to how political procedures and markets function. Fifth, public and private institutions, such as Government agencies and markets, must have some measure of predictability. The rule of law helps to protect against erratic and uneven enforcement and the whims of public officials. But the process of making and changing public rules and expectations must also be predictable. The elucidation sounds excellent, yet in a caste-cultural context, we are yet to see how these semantics of good governance can be put into practice.

Development can be explained as a state of mind, a tendency, a direction. Rather than being a focused goal, it is a rate of change in a particular direction. Change is in-built in development. Development amounts to mobilizing and integrating the diverse socio economic systems, activities and changes.

A participatory governance

With people’s emancipation from colonialism and concomitant disposal of power and expropriation of wealth the world over, there was an onset of indigenous economies as also autonomous societies. Thus came enlightened social philosophy and democratic ideas which at least in theory, made development as also administration participatory. Bureaucracy, which was part of such an anti-participatory traditionalism, appeared to be within the reach of the common person and the theme of popular participation was mandated in constitutional law. The story, however, does not end here.

Traditionally, India has been a victim of anti-participatory ideology and feudalistic institutions, resulting in religious, caste and culture domination. One thus discerns an internal colonialism. The spirit of popular participation is yet to form the core of the developmental process as also the mechanisms of governance. To eliminate the dependency relationship of the liberated masses with the new state, there is an urgent need to enhance the individual’s capacity to participate in governmental decision-making processes. But there are several roadblocks, including attitudinal rigidity, to developing such capacity. There is a progressive alienation of the poor and the weak from those in power or authority in a self-perpetuating system of nepotism and differentiation through caste, clan, religion, culture, politics and finally law, in that order. All these are strengthened by the concentration of capital in a few casteist hands duly fortified by the logic of market determinism. Society is thus becoming unbreakably hierarchical and stratified in an ascending order of caste and power and a descending scale of hatred and contempt, resulting in a new kind of unseeability, untouchability, inaccessibility, segregation, slavery (bonded labour), inequality and even physical violence. In such a context the barriers to participation appear insurmountable and immutable. Participation of the poor, the outcastes, the Tribes, the Dalits and even women and minorities in governance becomes a bureaucratic synonym for popular subjugation in a top- down order.

A politically strong-willed bottom-up participatory process should, therefore, be evolved and operationalised at different levels and shades of all systems, structures and functions and in all the distribution mechanisms of powers and benefits of the new development governance system. This process should form the core of the development model if social and economic equality is to be achieved, and a healthy and enlightened society established.

A trained and tamed bureaucracy

Bureaucracy training should be participatory so as to make the responsibility and responsiveness task-oriented. The learning needs should be relevant to the concept of total development where the knowledge acquired will be applied. The performance process itself should be a learning process in which individual excellence is matched with the fulfillment of governance objectives. The entire administrative structure should create a learning environment while doing its work and relate to better governance and fulfillment of the development goals.

A new model of relevant and participatory training needs to be designed for the public services in the context of better governance requirement. The entire training process should be pragmatic and not dogmatic, it should be based on an integrated approach rather than on sectarian discipline and should be result-oriented rather than merely a matter of cosmetics or otherwise an accomplishment for the individual members of bureaucracy.

Training is an important input not only for career management, but also in the country’s manpower planning and good citizenship. Hence training needs should be identified in relation to the programme objective and imparted on periodic time- slices. Post-training utilization of man power with due regard to the evaluation of the performance of the trained hand is of paramount importance. The entire training curricula as also the methodology of training should be planned as part of the good governance requirement and the new development paradigm. New concerns of people’s development as against the old and elitist values of bureaucracy need to be introduced. The very ethos of the civil servants should be changed and they should be trained and oriented not as administrators, but as change agents for the socio economic transformation of society, of which they are members. We term such a bureaucracy as a creative Programme Catalyst. Every civil servant should be trained and tamed to be one such catalyst.

An enlightened civil society

The importance of civil society organizations lies in the fact that the state is gradually with drawing from its responsibilities due to several factors like globalization, failure of social ism, dismantling of the welfare state, collapse of the concept of state sovereignty; decline of social capital, failure of aid agencies and the domination of a caste society and the rise of upper caste racism in India. Growth of poverty and destitution as well as environmental degradation is other reasons for the effective roles civil society needs to play for the people. Briefly stated, the civil society becomes a buffer between a State and its citizens.

An enlightened civil society helps in the establishment of good governance as well as effective development. But while civil society catalyses good governance it cannot be a substitute for an ideal State. Civil society can at best help the State to become responsive to people’s needs and aspirations. It can help to develop a political culture of the State and indirectly establish the legitimacy and enhance the sensitivity of the bureau cracy; An enlightened civil society in India can prevent the growth of fundamentalism and obscurantism.

The author is Chairperson, NISWASS, Bhubaneshwar. He is also Member of the current Indian Rajya Sabha. Text courtesy: DIALOGUE, FES Publication, New Delhi-ed.

Document:

Nepal 's sad past from the pages of history:

TEXT OF THE TREATY OF SUGAULEE, 2ND. DECEMBER 1815 BETWEEN EAST INDIA COMPANY AND THE COUNTRY OF NEPAL

APPENDIX I

TREATY of PEACE between the HONOURABLE EAST INDIA COMPANY AND MAHA RAJAH BIRKRAM SAH, Rajah of Nipal, settled between LIEUTENANT - COLONEL BRADSHAW on the part of the HONOURABLE COMPANY, in virtue of the full powers vested in him by HIS EXCELLENCY the RIGHT HONOURABLE FRANCIS, EARL of MOIRA, KINGHT of the MOST NOBLE ORDER of the GARTER, one of HIS MAJESTY’s MOST HONOURABLE PRIVY COUNCIL, appointed by the Court of Directors of the said Honourable Company to direct and control all the affairs in the East Indies, and by SREE GOOROOGUJRAJ MISSER and CHUNDER SEEKUR OPEDEEA on the part of MAHA RAJAH GIRMAUN JODE BIKRAM SAHBAHAUDER, SHUMSHEER JUNG, in virtue of the powers to that effect vested in them by the said Rajah of Nipal, 2nd December 1815

Whereas war has arisen between the Honourable East India Company and the Rajah of Nipal, and whereas the parties are mutually disposed to restore the relations of peace and amity which, previously to the occurrence of the late differences, had long subsisted between the two States, the following terms of peace have been agreed upon: ARTICLE 1st —There shall be perpetual peace and friendship between the Honourable East India Company and the Rajah of Nipal.

ARTICLE 2 nd: The Rajah of Nipal renounces all claim to the lands which were the subject of discussion between the two States before the war, and acknowledges the right of the Honourable Company to the sovereignty of those lands. ARTICLE 3rd — The Rajah of Nipal hereby cedes to the Honourable the East India Company in perpetuity all the under-mentioned territories, viz-

First. - The whole of the low lands between the Rivers Kali and Rapti.

Secondly - The whole of the low lands (with the exception of Bootwul Khass) lying between the Rapti and the Gunduck.

Thirdly.- The whole of the low lands between the Gunduck and Coosah, in which the authority of the British Government has been introduced, or is in actual course of introduction.

Fourthly - All the low lands between the Rivers Mitchee and the Teestah.

Fifthly.- All the territories within the hills eastward of the River Mitchee including the fort and lands of Nagree and

the Pass of Nagarcote leading from Morung into the hills, together with the territory lying between that pass and nagerr. The aforesaid territory shall be evacuated by the Gurkha troops within forty days form this date.

ARTICLE 4th — With a view to indemnify the Chiefs and Barahdars of the State of Nipal, whose interests will suffer by the alienation of the lands ceded by the foregoing Article, the British Government agrees to settle pensions to the aggregate amount of two lakhs of rupees per annum on such Chiefs as may be selected by the Rajah of Nipal, and in the proportions which the Rajah may fix. As soon as the selection is made, Sunnuds shall be granted under the seal and signature of the Governor General for the pensions respectively.

ARTICLE 5th. —The Rajah of Nipal renounces for himself, his heirs, and successors, all claim to or connextion with the countries lying to the west of the River Kali and engages never to have any concern with those countries or the inhabitants there of.

ARTICLE 6th — The Rajah of Nipal engages never to molest to disturb the Rajah of Sikkim in the possession of his territories; but agrees, if any difference shall arise between the State of Nipal and the Rajah of Sikkim, or the subjects of either, that such differences shall be referred to the arbitration of the British Government by which award the Rajah of Nipal engages to abide.

ARTICLE 7th —The Rajah of Nipal hereby engages never to take of retain in his service any British subject, nor the subject of any European or American State, without the consent of the British Government.

ARTICLE 8th — In order to secure and improve the relations of amity and peace hereby established between the two States, it is agreed that accredited Ministers from each shall reside at the Court of the other.

ARTICLE 9th — This treaty, consisting of nine Articles, shall be ratified by the Rajah of Nipal within fifteen days from this date, and the ratification shall be delivered to Lieutenant- Colonel Bradshaw, who engages to obtain and deliver the ratification of the Governor- General within twenty days, or sooner, if practicable.

Done at Segowlee, on the 2nd day of December 1815.

PARIS BRADSHAW, Lt. Col., P.A.

Received this treaty from Chunder Seekur Opedeea, Agent on the part of the Rajah Nipal, in the valley of Muckwaunpoor, at half-past two o’clock p.m. on the 4th of March 1816, and delivered to him the Counterpart Treaty on behalf of the British Government.

D.D. OCHTERLONY,

Agent, Governor—General.

TREATY WITH NIPAL REGARDING THE RESTORATION OF THE WESTERN TERAI

1ST November 1860

“During the disturbances which followed the mutiny of the Native army of Bengal in 1857, the Maharajah of Nipal not only faithfully maintained the relations of peace and friendship established between the British Government and the State of Nipal by the Treaty of Segowlee but freely placed troops at the disposal of the British authorities for the preservation of order in the Frontier Districts, and subsequently sent a force to cooperate with the British Army in the re-capture of Lucknow and the final defeat of the rebels. On the conclusion of these operations the Viceroy and Governor-General in recognition of the eminent services rendered to the British Government by the State of Nipal, declared his intention to restore to the Maharajah the whole of the lowlands lying between the River Kali and the district of Goruckpore, which belonged to the State of Nipal in 1815, and were ceded to the British Government in that year by the aforesaid Treaty. These lands have now been identified by Commission appointed for the purpose by the British Government, in the presence of commissioners deputed by the Nipal Darbar; masonry pillars have been erected to mark the future boundary of the two States, and the territory has been formally delivered over to the Nipalese Authorities. In order the more firmly to secure the State of Nipal in the perpetual possession of this territory, and to mark in a solemn way the occasion of its restoration, the following Treaty has been concluded between the two States: ARTICLE 1 — All Treaties and Engagements now in force between the British Government and the Maharajah of Nipal, except in so far as they may be altered by the Treaty, are hereby confirmed.

ARTICLE 2—The British Government hereby bestows on the Maharajah of Nipal in full sovereignty, the whole of the lowlands between the Rivers Kali and Raptee, and the lowlands lying between the River Raptee and the District of Goruckpore, which were in the possession of the Nipal State in the year 1815, and were ceded to the British Government by Article III of the Treaty concluded at Segowlee on the 2 December in the year.

ARTICLE 3: The boundary line surveyed by the British Commissioners appointed for the purpose extending eastward from the River Kali or Sardah to the foot of the hills north of Bagowra Tal, and marked by pillars, shall henceforth be the boundary between the British province of Oudh and the Territories of the Maharajah Dheraj Soorinder Vikram Sah Bahadoor Shumshere Jung, shall be ratified and the ratifications shall be exchanged at Khatmandoo within thirty days of the date of signature.”

TREATY OF PEACE AND FRIENDSHIP JULY 31, 1950

The Government of India and the Government of Nepal recognizing the ancient ties which have happily existed between the two countries for centuries. Desiring still further to strengthen and develop these ties and to perpetuate peace between the two countries.

Have resolved therefore to enter into a treaty of Peace and Friendship with each other, and have, for this purpose, appointed as their plenipotentiaries the following persons, namely, the Government of India his Excellency Shri Chandreshwar Prasad Narain Singh, Ambassador of India in Nepal; The Government of Nepal, Mohun Shamsher Jang Bahadur Rane, Maharaja, Prime Minister and Supreme commander in Chief of Nepal, who having examined each other’s credentials and found them good and in due form have agreed and follows:

Article 1 — There shall be everlasting peace and friendship between the Government of India and the Government of Nepal. The two Governments agree mutually to acknowledge and respect the complete sovereignty territorial integrity and independence of each other:

Article II: The two Governments hereby undertake to inform each other any serious friction or misunderstanding with any neighbouring State likely to cause any breach in the friendly relations subsisting between the two Governments.

Article III: In order to establish and maintain the relations referred to in Article I the two Governments agree to continue diplomatic relations with each other by means of representatives with such staff as is necessary for the due performance of their functions.

— The representatives and such of these as may be agreed upon shall enjoy such diplomatic privileges and immunities as are customarily granted by International law on a reciprocal basis : Provided that in no case shall these be less than those granted to persons of a similar status of any other States having diplomatic relations with either Government.

Article IV: — The two Government agree to appoint Consuls-General, Consuls, Vice-Consuls and other Consular agents, who shall reside in towns, ports and other places in each other’s territory as may be agreed to. Consuls General, Consuls, Vice-Consuls and consular agents shall be provided with exequaturs or other valid authorization of their appointment. Such exequatur or authorization is liable tot be withdrawn by the country which issued it, if considered necessary. The reasons for the withdrawal shall be indicated wherever possible.

- The person mentioned above shall enjoy on a reciprocal basis all the rights, privileges, exemptions and immunities that are accorded to persons of corresponding status of any other State.

Article V: — The Government of Nepal shall be free to import, from or through the territory of India, arms, ammunition or warlike material and equipment necessary for to this arrangement shall be worked out by the two Governments acting in consultation.

Article VI — Each Government undertakes, in token of the neighborly friendship between India and Nepal, to give to the nationals of the other, in its territory, national treatment with regard to participation in industrial and economic development of such territory and to the grant of concessions and contracts relating to such development.

Article VII: The Government of India and Nepal agree to grant, on reciprocal basis, to the nationals of one country in the territories of the other the same privileges in the matter residence, ownership of property, participation in trade and commerce, movement and privileges of a similar nature

Article VIII — So far as matters dealt with herein are concerned the Treaty cancels all previous treaties agreements, and engagements entered into on behalf of India between the British Government and the Government of. Nepal.

Article IX — This treaty shall come into force from the date of signature by both Governments.

Article X — The Treaty shall remain in force until it is terminated by either party by giving one year’s notice.

— Done in duplicate at Kathmandu this 31 day of July 1950

( Sd.) Chandreshwar Prasad Narain Singh (Sd.) Mohun Shamsher Jang Bahadur Rana

for the Government of India for the Government of Nepal