The government of Nepal unveiled a new political and administrative map that includes all the disputed territories with India. Nepal's government rests its claim on these territories on the Sugauli Treaty of 1816 with East India Company. The Sugauli Treaty established that areas east of Kali River aka Mahakali River as Nepali territory. Kali river however originates at two points - Limpiadhura and Lipulekh. Nepal Government holds that the source of the Kali river is Limpiadhura however Indian government holds that it originates at Lipulekh. Internationally, the tributary with greater water volume is recognized as a source of a river. This de facto supports claims made by Nepal. Indian presence at Kalapani and neglect of the Nepal government to maintain her presence have been used by Indian authorities to support its claim. The Indian military was allowed to camp at Kalapani by King Mahendra during the Sino-Indian War, and has remained there ever since. Indian presence on our territories is unjustified and illegal.

Diplomatic efforts have been made many times since 1991 to resolve the issue and it has led nowhere. On the account of previous and recent events, it can be implied that the Indian government is as determined as the Nepal government to hold to her position. The government of Nepal needs to be realistic in this case. India fears that giving up these lands would make her vulnerable to Chinese encroachment. It doesn't care much about the willingness of the Nepal government to resolve the matter diplomatically. It has an upper hand in diplomacy and can force the Nepalese diplomatic counterparts by threatening an economic blockade. Nepalese people need to embrace ourselves for economic blockade for standing up to imperialist India, and the government needs to seek other friends for importing essential goods. We know that we cannot afford another sanction especially during a pandemic but that's the price we will have to pay.

The Government of Nepal must set up a team comprising technical and legal experts who are well-versed in laws regarding international boundaries. The government should hire a legal counsel expert in English or French to represent Nepal in the International Court of Justice. International Court of Justice (ICJ) is an organ of the United Nations where states can justify their legal claims to disputed territories based on treaties, geography, economy, culture, effective control, history, uti possidetis, elitism, and ideology. We believe that the government of Nepal can build up a compelling case against the Indian government in the International Court of Justice.

Through this petition, please urge the government of Nepal to proceed to resolve the territorial dispute legally rather than diplomatically.

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By Devendra sawod

Member of युवा नेतृत्व नेपाल