Untitled Document

The Bravest of the Brave
Preparatory National Meeting (GAESO)

In connection with Human Rights Day, a one day seminar on the four-point demand of the Gurkha Army Ex-Servicemen’s Organisation (GAESO) was held in Pokhara, Nepal on 18 December, 2000. This seminar was also a preparatory exercise for the coming GAESO International Human Rights Conference to be held in Kathmandu from 9-11 March, 2001.

The following is a brief account of the main conclusions of the seminar:
1. LEGAL STATUS OF THE BRITISH GURKHAS AND DISCRIMINATORY TREATMENT AGAINST THEM

i) The fundamental objective of human rights forums is eradication of discrimination worldwide. Such forums uphold the principle of equality for all and in all fields.
ii) The British Gurkhas have been subject to serious discrimination, injustices and oppression by the British government from the very beginning of recruitment.
iii) According to the Tripartite Agreement of 1947 and subsequent letters of exchange the British Gurkhas have never been mercenary soldiers or soldiers under the authority of India, but rather have always formed an integral part of the British armed forces. (The British ruled India till 1947 and the recruitment of mercenary soldiers was declared illegal in 1989 by the UN).More…
iv) The British have treated British Gurkhas in a demeaning manner, and denied them equal pay, pension and other facilities. Many were sent home to Nepal under inhuman conditions following the end of wars, making their lives miserable.

II. VIOLATION OF LAWS AND HUMAN RIGHTS ACCORDS BY THE BRITISH GOVERNMENT

i) Relating to provision of equal opportunity, safeguarding the interests of minorities, and providing equal pay for equal work, Britain has violated its own national laws.
ii) Discrimination against Gurkhas represents a violation of the European Treaty of 1950 regarding equal human rights.
iii) Discrimination against Gurkhas represents a violation of the UN International Treaty of 1965 regarding the eradication of all forms of discrimination.
iv) Treatment of Gurkhas has not been in accord with the UN treaties of 1926 and 1956 regarding the elimination of all forms of slavery and slave-like treatment.
v) Discrimination against Gurkhas represents a violation of the International Labour Organisation treaty of 1958 relating to discrimination in employment.
vi) There has been discrimination against British Gurkhas’ families and children. The British have acted contrary to the 1979 Accord on the Elimination of All Forms of Discrimination against Women and the 1989 Accord on the Rights of the Child.

III. WITH REGARD TO GAESO’S FOUR POINT DEMAND:

i) These demands (viz. adequate and sustainable compensation for those made redundant following the end of wars; residential visas for British Gurkhas; proper education and employment opportunities for the inadequately educated children of British Gurkhas; an end to racial discrimination and equal treatment of the British Gurkhas vis-a-vis their British counterparts) are not influenced by any political ideology and are fully legal and based on human rights principles.
ii) The situation is such that these demands must be fulfilled on the basis of full clarification of the legal status of the 1947 agreement concerning Gurkha recruitment.
iii) The legal authorities in Nepal can and should issue notification to the Nepali government on this matter.
iv) Taking into consideration national integrity and independence, it is necessary for the generally inactive Nepali government, parliament and diplomatic missions abroad to become active in fulfilling these demands.

IV. FUTURE STRATEGY

i) GAESO’s movement is not merely for partial increment of pay and other facilities. It aims to achieve total equality vis-a-vis British soldiers. The struggle must continue until this is achieved.
ii) National and international human rights organisations should pursue the British Gurkhas’ cause seriously and sincerely.
iii) Full statistics and information on the following should be collected: the total number of Gurkhas enlisted to date; the number of Gurkhas listed as missing and wounded during the First and Second World Wars and other conflicts; the number of Gurkhas taken prisoner of war by the Japanese during World War II; the numbers and situation of Gurkhas sent back to Nepal in a helpless state after the war. As necessary, the assistance of the Geneva-based International Red Cross Society should be enlisted for this purpose and, once the facts are fully ascertained, to carry out necessary compensation and rehabilitation. Along with this, study regarding the present social and economic situation of all former British Gurkhas and their families residing in Nepal should be carried out.
iv) A campaign should be waged to register various grievances in the British courts, with the New York-based UN Human Rights Committee, with the Geneva-based UN Human Rights High Commission, Child Rights Committee, Committee for Eradication of Discrimination against Women, Human Rights Commission, Sub-Commission on Eradication of Discrimination and Protection of Minorities, its specialists and taskforce, and with the European Court of Human Rights.
v) It is necessary to begin thinking now about the possibility of registering a grievance against the British government, should it prove necessary, in the soon to be established International Military Court which will consider serious violations of human rights and crimes against humanity.
vi) The 1947 Tripartite Agreement on Gurkha recruitment must be, at the least, reviewed and revised to bring it into accord with current international legal principles and international human rights instruments.

CALL FOR PAPERS AND PARTICIPATION
DISCRIMINATORY TREATMENT OF BRITISH ARMY GURKHAS: AN INTERNATIONAL HUMAN RIGHTS CONFERENCE
MARCH 9 -11,2001 KATHMANDU, NEPAL
Nepalis have served the British in a military capacity since 1815. The record of these soldiers, known as “Gurkhas”, is renowned worldwide. For nearly 200 years the British have praised Gurkhas to the skies for their loyalty, bravery and exceptional military skills. Their record on the battlefield in war and in peace-keeping missions attests these qualities. Yet when it comes to fair and equal treatment, the British record is tarnished. Where British Gurkhas are concerned, the colonial legacy of discriminatory treatment of “native” soldiers persists till today. But the colonial era is over. Retired Gurkha soldiers have been raising their collective voice for fair and equal treatment for the past decade. In response the British government has made certain concessions in matters of pay and pensions, but has consistently rejected the basic principle of equality with British soldiers. Recently some British tabloids have even resorted to a smear campaign against ex-Gurkhas who insist on the basic principle of equality. The British stance is clearly contrary to internationally recognized standards of human rights, and in violation of Britain’s Race Discrimination Act. All who are concerned to see such colonial legacies brought to an end are heartily invited to attend the upcoming conference.

OBJECTIVES

* to discuss the situation of Gurkhas in the British Army, including issues of racial discrimination and equal pay for equal work

* to examine the difficult situation of many ex-Gurkhas and their families in Nepal

* to review the case for equal treatment of Gurkhas in all matters of service, and for ending the two-tiered system that exists within the British Army at present

* to discuss avenues of redress for human rights violations against Gurkhas, including the British judicial system, the United Nations, and the European Court of Human Rights

* to prepare to raise the issue of racial discrimination against British Gurkhas at International forums such as the 57th Session of UN Commission on Human Rights and the UN World Conference on Racism to be held in South Africa in 2001.

* To prepare grounds for compensation to Prisoners of War (POW) of the Second World War.

* To document individual cases of war veterans who were sent back empty handed under redundancy policy of the British Army immediately, after bloody battles of world war II and ask for appropriate compensation and /or reparations and rehabilitation for them and their widows and families.

* to argue the case for review of the 1947 Tripartite Agreement on Gurkha recruitment which Britain continues to claim prevents equal treatment (despite equal treatment being a provision of the treaty)

PARTICIPANTS

We are expecting significant international participation by representatives of a variety of human rights organizations. Nepali participants will includes government officials and members of Parliament, lawyers, human rights activists, and many ex-Gurkhas and their families.

CONFERENCE PRESENTATIONS:

There will be papers and workshops on the following topics. Other proposals and suggestions are invited:

* Human Rights Violations: Discrimination Against and Exploitation of British Gurkhas

* Treatment of Gurkhas from the Point of View of International Law

* Legal Status of the 1947 Tripartite Agreement on Gurkha Recruitment

* Case Studies and Testimony by Ex-Gurkhas and their Families on the Real Conditions during Service and after Retirement

PREPARATORY NATIONAL MEETING:

In preparation for the March conference a preparatory national meeting was held at Dipendra Sabha Griha, Pokhara. On December 18, 2000.

or more information please contact:
Padam Bahadur Gurung, Chairman
Dr. Om Gurung, Conference Coordinator
Gurkha Army Ex-Servicemen Organisation (GAESO)
PO Box 8975 EPC 5165
Kathmandu, Nepal
Tel: 977-1-225239/225705
Fax: 977-1-225705
E-mail: gaeso@wlink.com.np

For further information on the plight of British Gurkhas see the GAESO web

site: www.gaeso.org.np