Prime Minister Deuba is in the mood to sign the SPP and SOFA at any cost

# Prem Sagar Poudel

Two governments, including civilians and the military, have been active in favor of the United States

The United States has suffered a setback in its relations with Nepal over a document thrown out for trial. General Charles A. Flynn of the US Army’s Indo-Pacific Command, who was on a visit to Nepal, before returning from Kathmandu the document, was leaked.

The Americans themselves gave the document to journalists close to them. The six-page English-language document contains 10 points. Signed during Prime Minister Sher Bahadur Deuba’s visit to the United States, the Nepal Army could not have a clear idea about the document submitted by the United States.

The State Partnership Program (SPP) agreement was also raised in the House amid protests in the MCC. After the issue of General Flynn’s visit was explained in conjunction with the SPP, the Nepal Army was in a quandary. Due to which, even though Prime Minister Deuba agreed to the SPP as the Minister of Defense, the Nepal Army could not make a decision on its behalf.

The SPP was scheduled to be signed during Prime Minister Deuba’s visit to the United States on 27 Asar. Prior to the signing ceremony, lots of visit of US officials to Nepal was scheduled to finalize the document. Apart from the SPP and the SOFA, Prime Minister Deuba has also been positive about issuing identity cards to independent Tibetans in Nepal. After 1990, Nepal stopped issuing such identity cards.

Prime Minister Deuba was summoned by the Parliamentary Committee on International Relations on 5 Asar to discuss the SPP and US visit. Instead of attending the event, he attended a meeting of the ruling coalition in Baluwatar. In the committee meeting, the parliamentarians were preparing to request Prime Minister Deuba to postpone his visit to the United States due to the escalation of controversy due to MCC. While answering the questions asked by the parliamentarians, it was necessary to express a commitment not to enter into any agreement with the United States.

It was easier for Deuba to circumvent the committee meeting than to reach the stage of expressing this commitment. So, he is following the same path.

Earlier, Prime Minister Deuba had sent Home Minister Bal Krishna Khand as a representative in the House of Representatives meeting. By sending a special letter, he avoided the hassle of answering the questions of the parliamentarians. One by one, Deuba’s commitment to the United States has worked behind the skip of answering to the parliamentarians. He committed to sign the SPP and SOFA agreement with the United States. Both agreements will be finalized during a visit to the United States. Both agreements will be finalized during a visit to the United States.

While there is a dispute in Nepal over the issue of SPP, Chief of Army Staff Sharma has left for the United States via Lebanon. Earlier, Sharma was scheduled to pay a three-day visit to Lebanon on Asar 4. After returning to Nepal on Asar 6, Sharma’s visit to the United States on Asar 13 has been rescheduled, this has been changed. He will go to the United States from Lebanon, not from Nepal. Fearing that his visit to the United States would be postponed due to the embarrassment of the parliamentarians, he made a new travel schedule from there to the United States and left for Lebanon from Nepal. Another Major General, Ashok Sigdel, will travel directly from Kathmandu to the United States to assist General Sharma.

While the issue of MCC is being debated in Nepal, the United States has made public the idea of SPP agreement. Not only Nepal’s but also American views on this issue seem to be in conflict. On the Facebook page of the US Embassy in Nepal, it has been clarified that there is no military alliance between Nepal and the US on Jeshth 31. The next day, on Asar 1, the embassy issued a statement stating that Nepal was a member of the military alliance, the only difference is that the first time Facebook was chosen and the second time BBC Nepali service.

According to a press note issued by Manuel P. Mickler, a senior US embassy official, Nepal has twice applied to join the SPP, according to the BBC. “Nepal first applied for inclusion in the SPP in 2015 and again in 2017,” the report said. Nepal’s request was accepted by the United States in 2019.’ The press note is not available on the embassy’s website or social media.

While the issue of US membership of Nepal on SPP is being debated in Nepal, responding to a question raised by parliamentarians about the Ministry of Defense under the Appropriation Bill on Asar 2, Home Minister Bal Krishna Khan said, “Nepal has no plans to join the State Partnership Program.” There has been no discussion about this. The Nepal government is not even thinking of joining it.’

After the US made public the letter written by the Nepal Army, the Nepal Army responded to it through a statement. A statement issued by the military on Asar 1 said, “The Nepal Army has not entered into any agreement with the US military or the government regarding the SPP. It is informed that there is no process to reach such an agreement. The statement, issued at 8:20 pm after office hours, showed that the military government was more active in Nepal than the civilian government. This action of the army has given the impression of having two governments in the country.

The agreement was interpreted by the United States as intended to assist in the development of the Nepal Army’s professional capabilities. A letter written by Chhetri to the US about the SPP by th wrong track has also been made public recently. The letter, dated October 27, 2015, was made public by the Nepal Army. The letter to the US Embassy in Maharajgunj, Kathmandu, did not even use the official letter pad of the Nepal Army. The letterpad of the private secretariat of the then Chief of Army Staff Rajendra Chhetri has been used. However, after the letter became public, the Nepal Army acknowledged that the letter was its own. Thus, the issue of the army writing a letter to a foreigner in a wrong way cannot be considered normal. If such acts were committed by the commanders of neighboring India or China, they would be sentenced to death. Even after committing such a serious crime, no one has even mentioned to take action.

The issue of SPP is not the issue of Nepal Army. The Ministry of Defense can make the final decision on this matter. The decision made by the Ministry of Defense is taken by the Minister of Defense to the Council of Ministers. Only after the cabinet passes, it will be decided whether to sign the agreement or not. However, after the work of the Ministry of Defense was done by the Army Headquarters, it seems that the Nepal Army is moving out of the control of the civilian government. It is clear that the current situation has increased the unnatural activism of the Nepal Army. This move by the army shows that the Nepal Army is not a national army but a mercenary army. All in all, Americans have been active in this area for seven years. They seem to be working to turn Nepal into a strategic center with one after another plan.

The cabinet has not yet decided on Deuba’s visit to the United States. However, a meeting of the coalition held on Asar 5 has approved Deuba’s visit to the United States on the condition that he will not sign any agreement. Such approval is not valid. During his visit to the United States, Deuba is expected to ask for six months time for an SPP agreement. Deuba seems to be thinking of asking for time to approve the SPP after the election and to move the coalition process forward only on the condition of SPP approval. In such a situation, the Maoists and the Unified Socialists will suffer the most.

US Forwarded Draft

The proposed SPP agreement provides for the use of Nepal’s land by US forces as the Nepal Army. Article 1 (1) of the agreement provides that the Utah National Guard of the United States Army may use the barracks of the Nepal Army in the same manner as the Nepal Army in accordance with the laws of Nepal. This provision, after the agreement, gives the US military the same rights as the Nepal Army in Nepal.

In addition to the US National Guard, “contractors” are also allowed to use related vehicles and light aircraft. It is mentioned that the Government of Nepal will allow the use of supply materials for training and transit related assistance, activities, maintenance, staff accommodation, communication, refueling and deployment. According to the article 1, the Government of Nepal to make available to the US National Guard the land owned by the local government at the request of the US side. This section of the draft appears to have placed Nepal under the full control of the US military.

The cost of operations in Nepal will be borne by the US. Their security is guaranteed by the Government of Nepal as mentioned in Article 2. The agreement stipulates that Nepal will allow the Utah National Guard under the US Army to build infrastructure in Nepal. Nepal will also facilitate the US Army’s Utah National Guard in building the necessary infrastructure. It is not clear, how long will that infrastructure be used by the Utah National Guard?

The agreement opens the door to nine areas of cooperation, including mutual military exercises in high geography (northern Himalayan region), joint training and cooperation in natural disaster management, sending Nepal Army personnel to study military subjects in the United States, and enlisting Utah National Guard soldiers in Nepal Army’s National Defense Army course.

This includes providing training on coordination of multilateral military exercises, providing observation visits to the United States as recommended by the Government of Nepal to Nepalese civilians (political figures) for ‘civilian leadership engagement’, providing light and less lethal military equipment as requested by the Nepal Army, assist the Nepal Army in cyber security training and assist the Nepal Army in enhancing counter-terrorism intelligence capabilities.

The agreement also appears to have sought a basis for conducting mutual military exercises on Nepal’s northern border with China. In addition, the agreement paves the way for US troops in Nepal to carry weapons in public places.

The Way after SPP

American interest in Nepal is now SPP. US focus was on passing the SPP after passing the MCC. After the SPP, the US seems to be moving forward with the SOFA agreement. In September 2015, Rajendra Chhetri was the Chief of Army Staff of the Nepal Army. During his time, the United States sent the first draft of the SPP agreement. Chhetri welcomed the US offer positively. The agreement was going to be held between the Nepal Army and the US Utah National Guard.

The agreement was interpreted by the United States as intended to assist in the development of the Nepal Army’s professional capabilities. A letter written by Chhetri to the US regarding the SPP that he is trying to advance has also been made public recently. The letter, dated October 27, 2015, was made public by the Nepal Army. The letter to the US Embassy in Maharaj, Kathmandu did not even use the official letter pad of the Nepal Army. However, after the letter became public, the Nepal Army acknowledged its ownership.

India imposed blockade at the time of exchanging letters. The Nepal Army had written a letter about the SPP on April 25, 2015 without being able to cope of the earthquake. The army has claimed that the letter was written to help during the quake. The US military’s mission at the time of the quake captured Tribhuvan International Airport. A helicopter carrying US troops crashed in Dolakha when they flew over Nepal’s northern border with China ignoring the administration.

At that time, the US military wanted to stay in Nepal for a long time. However, due to the stand of Prime Minister Sushil Koirala, they could not stay in Nepal for long. After the earthquake, they started pressuring the Nepal Army for an SPP agreement to stay in Nepal for a long time without any disputes. At this time, the draft agreement sent by them and the letter written by the Nepal Army has just been made public.

Chief of Army Staff Chhetri was positive to move forward the agreement on SPP. While the discussion was going on, India imposed blockade on Nepal. The then Prime Minister KP Oli, who overcame the blockade, used the China card. Not only the agreement with China on transit but also petroleum products were brought in subsidized from China in difficult times. The SPP agreement stalled at military headquarters due to growing ties with China.

In 2017, Chief of Army Staff Chhetri visited the United States. The Americans talked about the SPP with the Chhetri, who went in the United States at the invitation of the US military. However, on his return to Nepal, he was confused about whether to move the SPP forward of the support of the government. Chhetri ended his term without saying anything, as Prime Minister KP Oli was likely to be angry if the United States was pushed forward as an alternative to China.

The issue of SPP could not move forward during the time of Purnachandra Thapa, who became the Chief of Army Staff after Chhetri. While signing the MCC, the then Prime Minister Sher Bahadur Deuba had assured the US that the SPP agreement would also be taken forward. However, he could not even talk about the SPP because he shared power with the Maoists.

In December 2018, the then Foreign Minister Gyawali visited the United States. After the visit, the US State Department issued a statement saying, “Nepal’s central role in the Indo-Pacific Strategy has been discussed.” That statement caused a great deal of controversy in Nepal. The Trump administration announced at the time that the strategy was aimed at encircling China by militarily. Discussions on Nepal’s central role in the strategy were widely criticized as geopolitically embarrassing to Nepal.

Randall Schreiver, the US Assistant Secretary of Defense for Indo-Pacific Security, visited Nepal in December 2019. He urged the then Defense Minister Ishwor Pokharel to finalize the MoU on State Partnership Program as soon as possible. Oli, on the other hand, was adamant that there would be no agreement before the MCC. The United States wanted to move the SPP and the SOFA agreement forward along with the approval of the MCC from parliament. This desire of America has not changed even now.

Role of Nepal Army

The recent incident has further confirmed who the Nepal Army has been working for, despite trying to evade the SPP process by showing the government. Unable to protect King Birendra’s family under their responsibility, the Nepal Army made another professional mistake by not supporting King Gyanendra in the 2062-63 movement. It seems that the Nepal Army, which is engaged in contracting and earning more than the country’s interests, has been working in favor of the United States in recent times. In Pakistan, there is talk of Rajendra Chhetri playing a role in Nepal just as Pervez Musharraf took the Pakistani army to the US pocket.

The Nepal Army did not work for King Gyanendra in the 2062-63 movement for fear of not being able to take part in the UN peacekeeping mission. Due to which King Gyanendra was alone. The peacekeeping mission has become a lucrative business for the army. The corruption in Sudan has further confirmed this. The army started sending letters directly to foreigners, the cabinet meeting on Asar 6 has decided that all correspondence sent by Nepal abroad will be under Ministry of Foreign Affairs.

“The SPP has been implemented,” Sharma told the parliament’s international relations committee. Under this, the United States has already provided two aircrafts. An air ambulance is coming. The other one is in the process of coming.’ The cabinet meeting held on Asar 6 along with the recent political controversy has stated that it will write a letter to the United States not accepting the SPP. In such a situation, the issue of the SPP agreement made by the army with the American army is further confused.

Fearing further controversy over the SPP while staying in Nepal, army chief Sharma has gone on a long visit. During this visit, the Nepal Army seems to have to give a clear answer to the United States regarding the SPP. Therefore, Prime Minister Deuba seems to be in further controversy along with army chief Sharma over the issue of SPP. To avoid this controversy, Prime Minister Deuba’s visit to the United States may be postponed due to election reasons. The government may announce federal and state elections in the first week of Mansir on Asar 25. Since the government will be care taker only after the announcement of the election, the government has no right to do anything other than what it has to do. Overall, the recent US debate has made the following clear.

1. The United States is preparing to sign a strategic agreement with Nepal at any cost. Sooner or later, the US military presence in Nepal seems certain.

2. The Nepali Congress has reached an acceptable position whatever the US says. In the current situation, if the UML can be managed, the desire of the United States in Nepal will be easily fulfilled.

3. The Nepal Army is getting closer to the United States than the Nepalese government. In other words, the army seems to be exercising its own government.

4. In difficult times, the United States has great expectations with the Nepal Army, not with the political parties. In other words, the Nepal Army has reached in the training of Indo-Pacific Command.

5. Stopping the SPP means dissolving Deuba’s government before the US visit. Fearing the dissolution of the government, Deuba has not announced the date of his visit to the United States. Deuba’s visit is automatically postponed if the government is dissolved.

6. By announcing the general election, Prime Minister Deuba may postpone his visit to the United States himself. This is the best option for Prime Minister Deuba to stop the SPP from making election agenda in the upcoming elections.

7. During his visit to the United States, Deuba will share the platform with Taiwanese rights activists. Probably representatives of the independent Tibetan government will also attend the event along with Deuba. In such a scenario, Prime Minister Deuba’s visit to the US may be postponed to avoid further pressure from China.

8. There is a possibility of signing the SOFA by interpreting it as a program of mutual support. The then Prime Minister Dr. Baburam Bhattarai had tried unsuccessfully to reach on SOFA agreement with the United States.

9. Prime Minister Deuba may be interested in China, especially in the case of BRI, to avoid the accusation of working in the US only. The Prime Minister seems to be equally active in paving the way for not only advancing some projects for BRI but also facilitating Chinese projects in Nepal.

10. In such a situation, the construction work of Budhi Gandaki Hydropower Project may again go into the hands of Chinese company. By signing an agreement with China on a mega project, trying to find a way to get rid of the accusation that he only in favour of America, he may be freed from the accusation of making foreign relations one way as well.

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