PM Oli has accepted that Nepal had committed the mistake by signing all treaties, including the treaty of 1950 under review. Of course, the last Rana Prime Minister signed the treaty in order to save his oligarchy but failed ultimately to save his 104-year family rule

Before embarking on his official visit to India for revitalizing the Nepal-India relations, Prime Minister KP Sharma ‘Oli’ took a concrete step on January 27, 2016 by forming a Group of Eminent Persons (GEP) consisting of Dr. Bhekh Bahadur Thapa, Neelamber Acharya, Surya Nath Upadhaya and Rajan Bhattarai for reviewing all existing bilateral agreements with India including the 1950 Peace and Friendship Treaty with the mandate to “review, update and adjust” as per the present context and strengthen further the existing relations between the two countries.

Reviewing the 1950 treaty was pending since the late PM Manmohan Adhikari ( the chairman of the Communist Party of Nepal-UML), took up the issue with his Indian counterpart in 1995 and India, in reply, had sought Nepalese proposals on this score. As a matter of fact a section of society has been expressing its concern over the continuity of the treaty any more holding it as a “treaty of unequals”. The PM, being a protagonist for nationalism, integrity, sovereignty and independence of the country, has taken the initiative to form the GEP that will deal with the issue objectively.

It seems to be a victory for Nepal as not only Nepal but India too has formed its group of four Eminent Persons to facilitate the process at the earliest. It was during the then PM Dr. Baburam Bhattatai’s visit to India It was agreed by both sides to have such a committee, but no such formation could take place. Perhaps, it was PM Modi who took up the thread during his last visit to materialize the agreement. It is intriguing as to how it remained unexecuted till the late PM Sushil Koirala’s tenure ended. It was not known whether he didn’t take the initiative in this regard or he failed in his endeavour to select the four eminent persons where the present PM succeeded. Did all the stakeholders not accept Koirala’s nominees? PM Oli did it to show his sincerity over the issue, becoming only second to late Manmohan Adhikari, and also to comply with the directive of the PM Modi to complete the formation of the group before he leaves for India.

The formation has been viewed differently. Some look aghast as to how the multifaceted relations between Nepal and India can be reviewed and updated by the limited number of persons from each side in a limited span of time. To some, it is just like cracking a joke by the government who did not make the group inclusive enough whose acceptance by different stakeholders is vital as its recommendations have vast and long effects. It is, therefore, questioned whether this formation has been approved by all stakeholders, including the Madhesi outfits. It is further questioned, was it not necessary to obtain approval from different stakeholders? Were the criteria for determining the eminence of the persons broad enough to have public acceptance? Though the integrity of the members of the group can hardly be questioned, yet some of them are known to have their stand publicly on the open border dispensation between the two countries.

Interestingly, PM ‘Oli’ is learnt to have directed the GEP on Feb. 2 to fulfill its responsibility sincerely and warned it not to repeat mistakes which had been committed by Nepal in the past. He advised the group to move ahead without compromising national interests. Apparently, the PM has accepted that Nepal had committed the mistake by signing all treaties, including the treaty of 1950 under review. Of course, the last Rana Prime Minister signed the treaty in order to save his oligarchy but failed ultimately in saving his 104-year family rule.

To some, the 1950 treaty is almost dead politically and diplomatically as most of the provisions of the treaty have been rendered ineffective in course of time, except the provision of the free movement of the citizens of the each country to another. It was due to our inferiority complex that some of us raise the issue time and again.

As a matter of fact it was the open border situation that has not gone down well with some quarters. It is a well-known fact that for centuries the border has been open for the people who want to go on pilgrimage. Hundreds of poor and unemployed people from western hills visit India for earning their bread and butter, and the Madhesis have had marriage relations in Bihar and UP for centuries. Over and above, thousands of common people visit across border to local bazaars to procure the materials they need to meet their day-to-day needs.

Since the formation of the GEP is complete now, it may take up the job without further delay. It is commonly presumed that it will not be a means to be played in the hands of a few politicians as its recommendations, if unrealistic, will be difficult to be implemented on the one hand and it may land the country in another conflict apart from the existing one, on the other. Some skeptics hold that the vastness of the TOR of the GEP may lead to nowhere as it may prove to be a futile exercise, as the vast and complex relations existing between Nepal and India since the time immemorial can hardly be reviewed and adjusted in the 21st century, when borders are being made irrelevant day by day throughout the world.