|
FIFTY YEARS OF NEPAL IN THE United Nations
Prof. Bishwa Pradhan, Nepal
During the last six decades of its existence, tremendous changes and adjustments have occurred in the United Nations in pursuit of universal peace and prosperity. It experienced both successes and failures in its objectives. In that context, Nepal's fifty years of association with it has been quite encouraging in its peace keeping activities as well as expressing her views on different topical issues of international significance. Issues of special concern to her relating to trade, transit and economic development were of great importance to her in her dealings at the world body. In a sense, the United Nations was quite a useful International forum for her to present her views on world affairs in a determined manner, without fear and favor.
Nepal from its early period of its association with the UN was very cogent in articulating her outlook on various issues debated in the world body. It would therefore be appropriate to review here some of those activities. In early years, when Afro-Asian countries were emerging to their independent statehood, Nepal took active Interest in their favor and, in collaboration with 43 powers, moved a historical resolution in the fifteenth session of the UNGA over the declaration on granting of the independence to colonial countries.
Whether it was the case of Independence of Nyasaland, Swaziland, Bechuanaland, British Guiana, Gambia, Southern Rhodesia, South West Africa on apartheid, Nepal never remained behind in raising her strong voice against colonialism and racialism. On the question of Palestine issue, Nepal was in favor of UNSC resolutions 242 and 338, which recognized the existence of both Israel and Palestine state. Though some Arab Countries were averse to these resolutions in the beginning but reconciled to these as they were based on the ground realities; and although Nepal's stand on Arab- Israel conflict throughout remained critical of Israel's aggressive action by its support to the existence of Israel as a nation, Nepal was, by Implication, also critical of the extreme policies of some of the Arab countries.
Nepal stood against the violation of the territorial integrity of small nations by the big powers. Its denunciation of Soviet intervention in the domestic affairs of Hungary showed her serious concern about the fate of small powers. Signifying it as a symbol of struggle of small against the powerful ones, Nepal condemned the Soviet action as obstructionist and demanded immediate withdrawal of the soviet troops in Hungary at the emergency session of UNGA in 1956.
Nepal's resentment against apartheid and racialism was quite strong. She repeatedly condemned racialism as repugnant to the principles enunciated in the charter of the U.N. and the declaration of human rights and viewed it as potential threat to world peace and security. On March 1960, Nepal took the initiative along with other 28 countries to call the attention of the UN Security Council to intervene the situation arising out of mass killing of the unarmed and peaceful demonstration against racial discrimination perpetrated by the white ruled South African Government.
Nepal's persistent call for replacement of Taiwan Government by the government of the People's Republic of China as one of the Five Veto Powers of the UN Security Council was another glaring example of Nepal's legitimate stand in favor of justice in the real world politics. Nepal did not spare any efforts to propagate the rightful claim of Mainland China till it got is proper place in the United Nation Security Council.
When the world was divided in twain creating a cold war situation in the world, Nepal co-opted with nonaligned movement (NAM) and displayed its non-aligned character both within and outside the periphery of the world community without any special connections to either power bloc. _
As a small backward third world country, Nepal's greatest attachment and aspiration with the UN was an active participation in the development aspects of the U.N. activities which would have its impact on the economic development of the under developed world. The North-South Dialogue and the UNCTAD conferences held under the auspices of the United Nations in creating a New International Economic Order (NIEO) to minimize the gap between the developed and the developing countries were laudatory steps which now appear dormant, and which badly need to be resuscitated to the well being of the peoples of the world.
Nepal closely co-operated with Afro-Asian and Latin American countries in the projects like the creation of the UN Capital Development Fund for advancing long term low interest loans, and advancement of UN Technical Assistance and Development programme with particular emphasis to the needs of the developing landlocked countries. It supported regional co-operation as an effective strategy of development and favored the moves for strengthening UN regional economic co-operation. The UNDP office in Nepal and the various United Nations Specialized Agencies such as UNOTC, WHO, UNESCO and ILO have made commendable works in small scale development projects in Nepal.
Transit problems faced by the geographically handicapped landlocked countries of the world are not very old. In the aftermath of the crackdown of the colonialism in different parts of the world, when new independent nations, some of' whom Landlocked, began to feel pinch of the transit difficulties as hurdles to their national development efforts. These landlocked countries which, number more than 31of the 186 member countries of the UN, got united to sort out their problems under the auspices of the world body. Maximum of these landlocked nations are located in Africa, with minimum of them in Latin America with second few in Asia. Even in Europe, where the numbers of such nations are few, their traffic-in-transit rights are well guarded and managed under the recognized International norms and practices. Nepal as a landlocked country was in the forefront to raise the issue of transit rights vital for the diversification of its overseas trade in UNCTAD and ECAFE(now ESCAP) and in other international fora and the United Nations. Nepal like Laos and Afghanistan, all three landlocked countries in Asia, first took the opportunity to seek to redress their grievances through ECAFE Committee on Trade and Industry which went ahead to the United Nations General Assembly which, through its resolution of February 20, 1957, recognized the problems of the landlocked countries and considered it absolutely essential to tackle their transit problems for the promotion of international trade in the light of the international law and practices. In the case of access to the seas, Nepal together with Afghanistan, Bolivia, Austria, Paraguay and Czechoslovakia (Now two nations-Check and Slovakia) called for the study of the problems of free access to the sea for landlocked states.
The Peace Treaty of Westphalia of 1648, when traced back in this regard, is considered as a turning point in dividing Central Europe into a number of states: some of' which, having no access to the sea, were accorded free navigational and unrestricted traffic rights through the transit countries.
It is important to remember that in 1921under tile auspices of the League of Nations, Barcelona convention and statute, though it was exclusively European charter were evolved which codified the principles regarding the smooth and untaxed flow of traffic-in-transit across the transit steps, although it, in any way, did not infringe the legitimate interest of the transit country.
The UN conference on the Law of the Sea held in Geneva in 1 958 in pursuance to this call, a memorandum of seven principles was submitted for acceptance. In this memorandum, Nepal was one, which stressed for adoption of an international convention on the ground that her existing bilateral agreement regarding transit trade in the South Asian region was not adequate. The 40- member sub-committee in which Nepal was one, nominated by UNCTAD-I, considered the proposal for the formulation of an international convention on the transit rights of the landlocked countries and adopted eight principles relating to the interests of the landlocked countries, which were later incorporated into the preamble of the convention on transit trade of the landlocked countries.
The draft convention prepared by the committee of 24 experts appointed by the UN Secretary General representing the landlocked, transit and other interested states, in which Nepal served as rapporteur, prepared a new draft convention on the basis of Tehran draft prepared by Nepal together with Laos and Afghanistan. The draft convention was further examined by the UN Conference of Plenipotentiaries on transit trade of the landlocked countries on July 8,1965. Nepal acted as Spokesman of the landlocked Countries of Asia, Africa & Latin America in all these conferences which considered that the questions of' transit rights of the landlocked countries were not "the favors" but "rights" affirmed by the principles of the international law and practices.
At UNCTAD-II held in New Delhi from February 1, 1965 to March 29, 1968, Nepal along with 8 other landlocked Countries Sponsored a draft resolution, which called for special treatment of the developing landlocked countries (LDCs). It urged all states to ratify the 1965 Convention. The UNCTAD ll Conference that carried the resolution gave new orientation to the nature of their problems. Emphasis was laid more on economic orientation held in 1972 and 1976 in Santiago and Nairobi, and UNCTAD- V held on May 17, 1979 to June 3, 1979 in Manila devoted much on economic aspects of the landlocked states. The UNCTAD V, in particular, laid special emphasis on specific action to achieve:
1.To reduce the cost of access for landlocked countries to and from the sea to world market.
2.To improve the quality, efficiency and reliability of transit service in both landlocked and transit countries.
3. And, to re-structure tile economies of the landlocked countries.
ESCAP in collaboration with UNDP' and UNCTAD launched a project called "Assistance to LDCs", specially taking into account the interest of Nepal, Bhutan. Afghanistan, Mongolia and Laos in overcoming their special transit problems due to the unfavorable geographical situations to undertake:
1) Development of transit routes. 2) Simplification of procedures.
3) And, widening the port facilities.
The oceans and the seas, which are the treasure houses of mankind, contain plenty of materials, gained much importance in the deliberations in the international conferences. Nepal showed its keen interest to make it declared as "the Common Heritage of Mankind" beyond the territorial, jurisdiction of the coastal states. Nepal wanted to have some kinds of international regime under the overall purview of the United Nations for its effective control under codification of Legal provisions. Nepal moved a proposal for the establishment of Common Heritage Fund on May 19, 1978 at the seventh session of the UNCLOS Ill, which still remains to be implemented or materialized.
Nepal was twice elected as non-permanent member of the United Nations Security Council in the past. She is again seeking to the seat of non-permanent member in 2006. She was called upon to become the vice-chairman of the Economic and Social Council (ECOSOC) of the United Nations besides assuming other important responsibilities of the United Nations organs. Nepal is also one of the top contributors in the UN Peace Keeping Operations.
Paper presented by the author at a seminar held in Kathmandu jointly organized by NCWA, IFA and UNAN-editor.
|
