Time to End Gurkha Plights
Gopal Siwakoti 'Chintan'
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To many outsiders in the globe, the Gurkhas are better known
after Mt. Everest than this tiny country, Nepal. The reason we all know Gurkhas
fought for the biggest colonial power in the human history -- the Great Britain
(may come down to a smaller Britain if the Scottish votes for independence this
week!). They are also known for their involvement in all the big wars that
Britain and the allied powers won -- although wars are bad but victories are
good! So the Gurkhas are the glory of not the lost the wars but military
victories.
I never knew where the Gurkha bravery comes from. When I see
them around as my neighbours, brothers, uncles and friends -- they are simply
the simpler people of the ethnic-indigenous communities of Nepal. Most of them,
as a result of State exclusions of socio-cultural discriminations and the
practice of untouchability over the few centuries, had been denied of the same
opportunity the Hindu religion and caste-based upper high class and those of
landlordism or political favouritism practiced for their both class as well as
personal vested interests (there are many parents of today's ethnic-indigenous
writers and leaders who took part in the these socio-cultural 'crimes' against
their own class or community -- an issue to forgive if not to hold accountable
equally as to the upper class).
But how come these fellow brothers as soon as they are
recruited as the Gurkhas transform to superstar of the super wars! To me the
logic is simple -- they are honest, poor, uneducated but strong as the mountain
men-- the reason the upper class Brahmins and Chhetris had been unofficially
barred in recruitment. This physical strength and bravery comes from their hard
living conditions with high ups and downs with huge sacks or dhakar of goods so as grazing and
hunting in adverse weathers. So no doubt they or any of us could be the best
naturally trained fighter in any physical wars, e.g. even Maoist people's war.
We can call ourselves as the organic fighters than those of the well-fed and
well-cared trained western soldiers of their own who we can call broilers!
Honesty was always there as it was related to their hand to mouth problem back
home and if shacked for any disciplinary actions for raising the voice for
equal treatment or polite behaviour! So the Gurkhas kept absolutely quiet
throughout their service due to this fear of their white superiors. Some call
it 'bravery' and others 'slavery'.
Whatever! The things got changed once the discrimination
causes of the Gurkhas to Britain from its High Court to Downing Street to the
Parliament Square, including the parliamentary halls and corridors. This was
done mainly under the provisions of the European Convention on Human Rights and
the subsequent implementing Human Rights Act, 1998 (a subject this author
specialised abroad and hired the best public interest/human rights law firms in
the UK). This gave the Gurkhas full right to equality in all of their services
they offered, particularly accompanied family accommodation, right to settle
and equal pension with other associated benefits. The results were bang! Bang!!
Bang!!! Compensation to Japanese Prisoners' of War and their widows (£10,000
each) increased pension due to Court battles (although not through the Court yet
directly), family accompanied service as well as the right to settlement in the
UK after retirement as equal to the other Commonwealth soldiers.
The issue then remained for those already retired and
settled back in Nepal or Hong Kong after 1 July 1997 (the handover Hong Kong to
China). These are the Gurkhas who really fought hard from the streets of Nepal
to London and the corridors of the then Commission on Human Rights and the
International Labour Organisation both stationed in Geneva. The British
Ministry of Defence, feared of our fierce legal and public campaigns for the
Gurkha rights then began with all kinds of tactical delays to slower down the
speed of the success one after another.
This included first the formation of panel within to review
the Gurkhas Terms and Conditions of Service and allowed the serving Gurkhas an
offer to transfer their service for British pensions but limited to those
retired on or after 1, July 1997 -- the date Brigade of Gurkhas Headquarters
permanently moved to the UK. This again discriminated the pre-1997 Gurkhas
which followed another massive court case while famous British actress Joanna
Lumley joining the public campaign. Then the Gurkhas won this right too.
But what remains tragic today is, even after being settled
in the UK, they had been denied the access to equal pension to all Gurkhas.
Those retired after serving for more than four and less than 10 years of
service had also been denied any pension -- classified as redundant -- which is
not the case for the Commonwealth soldiers who are qualified all pension and
benefit rights after four year of service as equal to their British
counterparts. The denial of residential rights to those family members above
the age of 18 and of medical benefits and other social services are also the
issues to be settled now amicably.
This history of the Gurkhas is at the crossroads now. In one
hand their recruitment is limited to 200 a year only hence the total serving
Gurkhas are only around 3,700 in numbers. There has been a huge cut off for
various cost and war technology reasons. However, the Gurkha grievances to be
put unaddressed even as today is simply not fair for them so as the country,
Nepal, that had faced the biggest loss in the history -- both economically, socially
and workforce-wise. The Satyagraha Movement of the Gurkhas led by Gurkha
veteran Gyan B Rai led to the formation of an all-party parliamentary committee
of inquiry last ... --- that is at the final stage of its report.
A delegation of UK Members of Parliament led by its
Chair, Jackie Doyle-Price, is
in town this week. They will sure be meeting with our heads of State and the
government for additional 'consultation'.
But the point is
the Gurkhas deserve equal treatment in all fields of their lives and the
Britain must not prolong it further. In the meantime, Nepal must take a
position that the Gurkhas should be declared eligible for their equal
pension and benefits even they decide to reside in Nepal. Only then Nepal gains
some economic benefits for its surrender to British wars -- the backbone of its
modern economy -- whereas both the Gurkhas and the British taxpayers benefiting
significantly -- less cost for Britain if this equality is provided up to Nepal
and more prosperity for the Gurkhas they can live and enjoy their happy aged
lives in their motherland. The continuation of their Nepali citizenship even if
they decide to obtain UK citizenship for economic and social reason is another
issue the Nepal government must be open for. This all will be in line with the
Nepali Parliament's Human Rights and Foreign Affairs Committee report submitted
to the government 15 years ago.
(Chintan is legal
adviser to British-Gurkha Army Ex-Servicemen's Organisation -- BGAESO based in
UK)
Now it seems Nepal is holding back (a) equal pension (b) duel citizenship. Wow, scheming Nepal! So the answer lies with the Nepal Government. Lets do something about it my friends.
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