Remedies under International Law and Human Rights Instruments

- Gopal Siwakoti ‘Chintan’

As you have already heard, there is a long history of practice of racial discrimination by the United Kingdom against the British Army Gurkhas and their families, I am going to highlight some of the legal and human rights action strategies for redressing these violations, as adopted by the recent International human rights conference organised by GAESO in Kathmandu, Nepal.

On the issue of the 1947 Tri-partite Agreement on Gurkha Recruitment, its legality and validity is seriously questionable if we are to apply the principles of Vienna Convention on the Law of Treaties. The 1947 agreement allows the practice of discrimination between the British and the British Gurkhas in the army in relation to equal remuneration for equal work, pension and other benefits. This discrimination is based on their national and ethnic origin and race which is incompatible not only with the basic principles of existing international law, but also basic human rights and fundamental freedoms developed under the United Nations system and ratified by the United Kingdom. GAESO is demanding for the complete review of this agreement by the United Kingdom, Nepal and India in line with the principles of equality and non-discrimination.

Regarding legal and human rights remedies, we are currently considering the following strategies for action:

1. Filing law suits in the United Kingdom before different tribunals and courts for equal remuneration, equal pension, equal employment benefits, and equal compensation to World War II Japanese Prisoners of War for the British Army Gurkhas and their families to that of their British counterparts.

2. Campaigning, lobbying and submission of information and complaints before various human rights bodies of the United Nations, ILO and UNESCO for the equal treatment of British Army Gurkhas and their families, including the adoption of appropriate resolutions and/or the appointment of a Special Rapporteur to study the plight of British Army Gurkhas and various forms of human rights violations.

3. Lodging human rights complaints before the European Court of Human Rights if and when domestic remedies within the United Kingdom are exhausted.

4. Organizing testimonials for the British Army Gurkhas, Second World War Veterans and their widows, women and children before various international meetings and conferences such as the UN World Conference against Racism to be held this year in South Africa.

5. Putting pressure on the United Kingdom for the resolution of the problems through dialogue and negotiation with the representatives of British Army Gurkhas as well as the government of Nepal.

We very much hope that you will provide us your active support on these activities in the future.

Thank you.