Despite the existence of a bilateral mechanism at the foreign secretary level to discuss border disputes, India has started preparations for the Kailash Mansarovar Yatra via Nepali territory, Lipulekh. India and China have agreed to resume the Mansarovar Yatra, which was postponed due to the COVID-19 pandemic, from June to August.

Nepal has not been informed about this. The government, which came to power with a strong mandate after the 21 Falgun elections, has reiterated its old stance through a 'diplomatic note' opposing the decision.

India's preparation to open trade with China via Nepali territory, Lipulekh

This is not the first time that Nepal has expressed dissatisfaction with both its neighbors over the border issue. Since 2015 alone, Nepal has sent diplomatic notes to India and China four times over the unilateral use of its land. The Nepali side has been raising this issue at high-level political meetings as well. However, both India and China have been ignoring Nepal's concerns.

After India's response, the government reiterated: Kalapani, Lipulekh and Limpiyadhura are Nepali land

Nepal has been claiming the Limpiyadhura region as per the Sugauli Treaty of 1816 and has been maintaining that India or China cannot trade or transit through Lipulekh without its consent. The ruling National Independent Party (NISP) has also been reiterating its stance that Limpiyadhura, Lipulekh and Kalapani regions are an integral part of Nepal. ‘Our stance is clear that a solution should be found through dialogue,’ said Foreign Minister Shishir Khanal, ‘We want to resolve the disputed issues through the established diplomatic mechanism.’

The Nepal-India ‘Boundary Working Group’ was formed at a Foreign Minister-level meeting held in Kathmandu on 10 Shrawan 2071 to carry out maintenance and technical work on border pillars. This mechanism has been working continuously on border-related issues. Similarly, during Indian Prime Minister Narendra Modi’s visit to Nepal on 18 Shrawan 2071, a Foreign Secretary-level mechanism was given the responsibility to resolve the disputes in the border areas including Kalapani and Susta. However, even after 12 years, not a single meeting of the mechanism has been held.  [Related_News_Section_3]

India had earlier suggested not to include the disputed area in the constitution and proposed to address it from a high political level, saying it was almost impossible after the constitutional amendment: Pradeep Gyawali, former Foreign Minister

Meanwhile, the border dispute entered a new phase in 2077 BS. The KP Sharma Oli-led government issued a new administrative map in Jestha 2077 BS, including the Limpiyadhura, Lipulekh and Kalapani areas, and the parliament amended the constitution and put the Chukche map on the target seal. India, which has been watching these rapidly developing events in Kathmandu with great interest, immediately opposed the decision to include the new map in the constitution. 

According to the then Foreign Minister Pradeep Gyawali, India had earlier suggested not to include the disputed area in the constitution and proposed to address it from a high political level. ‘India had expressed dissatisfaction, saying it was almost impossible after the constitutional amendment,’ Gyawali said. 

Then, in the sixth meeting of the Nepal-India Joint Commission held in New Delhi in Magh 2077, Indian External Affairs Minister S. Jaishankar had stressed for dialogue with Gyawali, saying that the border dispute had been overly politicized by both sides. During the meeting, both sides agreed to raise this issue at the prime minister level during the upcoming visit. However, after the fall of the Oli government, Modi's visit could not take place. 

Government's view on Lipulekh made public: Diplomatic notes sent to India and China

The new government led by Balendra Shah's government looks very busy in terms of diplomatic activities for the coming week. Indian Foreign Secretary Vikram Mishri is scheduled to arrive in Kathmandu on 28 Baisakh for a two-day visit. Similarly, Foreign Minister Khanal is going to New Delhi in the third week of Jestha for the first summit of the 'International Big Cat Alliance'. According to sources close to Prime Minister Shah, Shah has conveyed the message to the Indian establishment that he wants to resolve the border dispute through dialogue. 

Former Indian Ambassador to Nepal Ranjit Ray calls the Lipulekh dispute 'an issue of a legacy left by history'. Ray says that it has been further complicated by the amendment to the Nepalese constitution. 'If this issue cannot be resolved at the formal level, an initiative can be taken through informal (track two)', he said.

Before the government made its position on Lipulekh public, Lamichhane had held talks with opposition leaders

Initially, Chinese officials had stated that they were unaware of Nepal's claim to Lipulekh and had promised to use the Nathula Pass as an alternative and not to make any new agreements with India in the area claimed by Nepal. ‘But because of the relationship with India and the size of trade, they have been making new understandings with India,’ he said.  China is a third party in the Kalapani area dispute. But Nepal's situation is the same in the matter with Beijing. Nepal has repeatedly requested China not to enter into trade or transit agreements with India through Lipulekh since 2015, but Beijing has been ignoring it. The then Prime Minister KP Sharma Oli had raised the issue during a meeting with Chinese President Xi Jinping last year. Xi had said that China had no objection to Nepal's claim to Lipulekh and suggested that it be resolved through bilateral talks with India. "That point has traditionally been used as a border point, but we do not want to be a party to this dispute," according to a person who attended the meeting, Xi told Oli. "We have no objection to Nepal's claim, but this issue should be resolved bilaterally." However, former Foreign Minister Gyawali notes that the Chinese side has also not kept its commitment.

Gao Liang, deputy director of the Nepal Studies Center under the Institute of South Asian Studies at Sichuan University, says that the dispute is a bilateral issue between Nepal and India and should be resolved through direct negotiations. ‘China is continuing to work as it is. If there is a border dispute, it should be resolved through bilateral negotiations,’ he said. 

The Lipulekh dispute is a legacy issue left by history, which has been further complicated by the amendment to the Nepalese constitution. If a formal solution is not possible, an informal (track two) initiative can be taken: Ranjit Ray, former Indian ambassador