China Exerting Pressure on Nepal For An Extradition Treaty

During Chinese President Xi Jinping’s visit to Nepal in October 2019, one of the main agendas discussed was the possible extradition treaty between Nepal and China. The draft of the treaty was prepared with the help of the Ministry of Law, Ministry of Home Affairs, and Nepal Police. However, due to concerns over its impact on international relations and pressure from the European Union countries and the United States, the treaty was not signed.

The Ministry of Home Affairs and the Ministry of Law have kept the draft of the treaty in their International Desk since its preparation.

As per the experts, the extradition treaty between China and Nepal was intended to facilitate the extradition of Tibetans who were advocating for an independent Tibet, as well as citizens of third countries with Chinese roots who had rebelled against China.

Nonetheless, the Nepalese government, including the then Prime Minister KP Sharma Oli, was compelled to retract from the treaty after widespread agreement emerged that it would be inappropriate to extradite non-Chinese citizens from a country that values democracy and follows the rule of law.

However, it is worth noting that both countries had not practiced this procedure for five years prior to the aforementioned incident. Nevertheless, China chose to transport its citizens who were involved in criminal activities to Nepal through chartered airplanes. In addition, Chinese security officials have been secretly gathering information and taking action in various parts of Nepal. Despite these allegations, the Nepalese government and other stakeholders have chosen to remain silent instead of independently verifying them.

During a meeting between the Chinese Ambassador to Nepal, Chen Song, and the Deputy Prime Minister and Home Minister, Narayan Kaji Shrestha, on Monday, the topic of the mutual legal assistance (MLA) agreement between Nepal and China was discussed. Home Minister Shrestha informed Ambassador Song that he will request the relevant agencies to enforce the MLA agreement.

This statement of his has indicated that when there is a communist-led government and the Ministry of Home Affairs in Nepal, China, through its envoy is once again showing indication to pushing forward the extradition treaty. In the mutual legal assistance agreement between Nepal and China, it has been agreed to make a law related to criminal activities.

As per expert opinion, this agreement is set to streamline the investigation process of international crimes. This type of agreement, typically involving two or more countries, is aimed at integrating the necessary information for effective investigation and action against criminals.

Prior to this agreement, there already existed an informal exchange of assistance between the police forces of various countries in investigating incidents related to China. However, if this agreement is enacted into law, it will be elevated to an official level of cooperation.

The Chinese authorities have consistently maintained their stance on the extradition treaty and have actively pursued it. This was evident during the visit of the then Prime Minister KP Sharma Oli to China in July 2018 when the matter was discussed. In the joint statement released at that time, both sides emphasized the need to enhance cooperation and exchange information, capacity building, and training to effectively implement the law.

Chinese officials have expressed concern that Tibetan refugees in Nepal are involved in activities supporting an independent Tibet. Therefore, there is a growing suspicion that Nepal intends to establish a legal pathway to extradite these individuals to China.

In a meeting held at the Ministry of Home Affairs on Monday, Deputy Prime Minister Shrestha acknowledged the historical relationship between Nepal and China and assured that there are no disputes between the two countries. However, there have been differences on various agendas such as border, trade and undeclared blockade.

The Minister emphasized that Nepal is committed to the one China policy and stated that Nepali land will not be used against China under any circumstances. He suggested that meetings between the counterparts should be continued in the districts where the borders of the two countries are connected and that contact and coordination between officials working on the border should be intensified.

The statement issued by the Deputy Prime Minister’s secretariat mentioned the ease that passes provided by the Chief District Officer of the district in the border area brought to the daily life of the residents of the border area in the past.

Deputy Prime Minister Shrestha expressed his satisfaction that Tatopani, Rasuwa, and Hilsa checkpoints have been reopened and requested that initiatives be taken to bring more checkpoints into operation as soon as possible. He also drew the attention of the Chinese side to the opening of trade points at Saipal in Bajhang, Tinkar in Darchula, Ruila in Gorkha and Mugu.

Chinese Ambassador Song also agreed with the Deputy Prime Minister’s opinion on intensifying the contacts and parallel meetings between officials working on the border. He expressed gratitude to Nepal for supporting the One China policy and mentioned that high-level visits have strengthened the Nepal-China relationship.

Ambassador Song appreciated the role of Nepal’s home administration in preventing Nepalese land from being used for anti-Chinese activities and protecting Chinese investments and property in Nepal. He also requested for the necessary coordination in the implementation of the mutual legal assistance agreement signed during the visit of Chinese President Xi Jingping to Nepal.