“When you know you are with the Gurkhas there is no safer place to be” .Prince Harry

“If a man says he is not afraid of dying , he is either lying or he is a Gurkha”Field Marshal Sam Manekshaw (Former Chief of Staff, Indian Army)

INTRODUCTION The Gurkha lead organisation, also known as the GURKHA SATYAGRAHA is

a common platform for all the major Gurkha campaigning organisations to make a united approach to the British and the Nepalese governments in resolving their outstanding grievances.

The organisations within GURKHA SATYAGRAHA have made various written and oral representation to both the British and the Nepalese governments (including litigations) in various stages in the last 25 years. There have been some improvements in facilities over the course of the campaign but the core issues still remain to be resolved

In the last 25 years of the campaign, we have seen many veterans perish without seeing the light of justice and there are many more who are living the last few years of their lives. Due to the complete ignorance of the successive British governments on the main grievances of the Gurkha veterans, the GURKHA SATYAGRAHA had no choice but to stage a hunger strike merely to highlight their grievances and draw the attention of the government.

AIM

The aim of this presentation is to abreast the Honourable Members of the inquiry, of the outstanding issue related to the Gurkhas that need resolving.

It will also endeavour to clear some confusion while making recommendations and suggestions on resolving the Gurkha grievances for the consideration by the Committee. This is also an opportunity to meet some live witnesses who may be of interest to you.

The contents of these presentation are based on the Tripartite Agreement of 1947, report and recommendations of the Foreign Affairs and Human Rights Committee of Nepal government, first hand experience of life in the British Army, historical facts and figures and the destitution faced by the veterans and their families after retirement.

BACKGROUND

World War I – 200,00 Gurkhas fought for Britain. (25% of the eligible male population of Nepal)Casualties - 22,000

World War II – 250,000 Gurkhas fought for Britain.Killed – 7544Missing (presumed dead) – 1441Wounded - 23,655

NEPALESE HILLS AND VILLAGES WERE LEFT WITH ONLY THE OLD AND FRAIL WITH NO YOUNG MEN TO CARE FOR THEM FOR MANY

YEARS

India

Turkey

Egypt

France

Malaysia

Burma

Countries where Gurkhas fought for Britain

Spain

Japan

Bhutan

Iran

Indonesia

Afghanistan

China

TibetBelgium

Italy

Greece

Falkland

Libya

Belize

Palestine

Cyprus

Congo

England

Middle East

Hong Kong

Brunei

Singapore

Kosovo

Tunisia

Gallipoli

Gurkha Graves are spread across the face of the earth in nearly every country in which Britain has fought – silent testament to Gurkha loyalty and courage.

THE TRIPARTITE AGREEMENT

Britain has used the TPA mostly for its own benefit and ignored it when not in its interest.The TPA does not explicitly state where Gurkhas are to serve - the UK or the Far East. It clearly states that Gurkhas should be treated in the same footing as the men of the parent army (regardless of where they serve).The signatories of the TPA cannot cherry pick the contents and use it only to its advantage.The bilateral agreement between Britain and India on the basic rates of pay and pension cannot be forced upon the citizens of an independent/ sovereign country. Although incorporated in the TPA, the government of Nepal is not a signatory to that document. The abundance of young Nepalese queuing-up to join the British Army each year does not give Britain the right to abuse their Human Rights and undermine the TPA.

EXCEPERTS FROM THE REPORTBY

FOREIGN AFFAIRS AND HUMAN RIGHTS COMMITTEE OF NEPAL

1.1 Reviewing the provisions of Tripartite Agreement of 1947, though it appears that the delegates of Nepal, India and British government have signed on it, Annex – 2 of the agreement provides that the salary and allowance for the servicemen of Gurkha Brigade serving in the British Army shall be as per the Indian Pay Code. Annex – 2 relates to a separate bilateral agreement between India and Britain only, in which, the Nepalese delegate has not signed. As such, its provisions are not mandatory to an independent country Nepal and its subjects. Therefore, it is found that there is no equal salary, allowance and facilities for the Gurkhas on par with other members of the British Army as stipulated in Annex – 3 of the agreement.

Regardless of whatever is contained in the bilateral agreement sealed on 7th November 1947, to which Nepal is not a party, the then Commander in Chief Padma Shumsher had expressed a sort of reservation in paragraph 1 of the Tripartite Agreement, to which Nepal is also a party. It reads: If the terms and conditions at the final stage do not prove detrimental to the interest or dignity of the Nepalese Government, my Government will be happy to maintain connections with both armies, provided men of the Gurkha Regiments are willing so to serve (if they will not be looked upon as distinctly mercenary).

This clarifies that the bilateral agreement sealed on 7th November 1947 should not derogate the esteem of Nepal and Nepalese and His Majesty’s Government has to categorically place that it would not be just for Nepal to be bound by that bilateral agreement.

When needed the British Government recruited thousands of soldiers and at the end of war, they were repatriated in the name of downsizing in 1947, 1968 and 1991. It is known that His Majesty’s Government was neither informed nor its consent was taken in this process.

Foreign Affairs and Human Rights Committee , House of Representative, Nepal

THE REMAINING ISSUES

• Equal Pension (including preserved pensions).• Reimbursement of underpayments and

compensations for unfair dismissals.• Settlement Rights for Adult dependants.• Equal facilities for Gurkha Widows• Medical Health Care in Nepal.

STATISTICS OF GURKHA PENSIONERS

16,065 Veterans

6,870 Widows

(Total 22,935) under Gurkha Pension Scheme.

3,438 veterans on charity pension (£40/ month)

3,638 veterans without any pension.

(All the above figures are constantly in declining order)

PENSION

Rank British Gurkhas

Corporal £5969 £360@15 years

Staff Sergeant £7538 £404@19 years

Warrant Officer 1 £8616 £514

British & Gurkha Pension comparison 1997

Retirement at 12 & 15 year point – The MoD Illusion!

The 15 year compulsory retirement rule is forced upon the Gurkhas and is not found in either the British or the Indian Army !

15 year point is the pensionable service for the Gurkhas exactly as the 22 year point is for the British soldiers. It is irrelevant to compare the 15 year Gurkha pension point with the 12 year discharge point of the British. Up to the 12 year point the British and the Gurkhas follow the same service extension rules at 4 – 7 – 10 & 12 year point.

BENEFITS AT 12 YEAR DISCHARGE POINT

British at 12 year point:Handsome gratuity.Job opportunity in UKEarnings and pension from civilian jobs.Armed Forces preserved pension at age 60.State benefits and pension.

Gurkhas at 12 year point:Extremely Low gratuity.No job opportunityNo civilian job or pension.No Armed Forces pension at 60.No State benefits or pension.

Gurkhas therefore, have no choice but to serve up to the 15 year point to receive at least a merger pension to survive.

The Argument

The Gurkhas have to serve the British Army for at least 15 years to earn a pension exactly like the British soldiers who have to serve for up to 22 years to earn their pension. They both qualify for Army pension at 15 and at 22 year point.

If a British soldiers earns £22 after his twenty two years of service, a Gurkha should earn £15 for serving fifteen years by putting his life in danger doing exactly the same job as a British soldier ?

British soldiers clearly have a choice of retiring at 12 year point and get a preserved pension at age 60 or continue until 22 year point for immediate pension. While the Gurkhas have no other choice but to compulsorily retire at 15 year point (if not promoted further)

Thousands of redundant were sent home without any pension and gratuities post wars and emergencies. These unfortunate veterans began working as ploughman and labours in the villages and hills often carrying twice their own weight in difficult terrains. Many of these veterans (including children) are believed to have died out of hard labours, lack of malnutrition and medical treatments. They lived a life of destitution and dire poverty. Had these people been paid what they rightfully deserved after putting their lives in danger for Britain, the misery they suffered could have been avoided on return to their villages. Britain morally owes financial compensation to these veterans who were sent home after the Borneo/ Malaya confrontation and to those who were sent home on redundancy in the name of downsizing the Brigade of Gurkhas.

REDUNDANT

TYPES OF WORK MANY REDUNDANT AND WIDOWS END-UP DOING TO SURVIVE IN NEPAL

LIVING TESTAMENT TO DISCRIMINATION

1 July 1997

MoD constantly in the lookout for ways to disadvantage the Gurkhas; and this arbitrary line is one example.The date has created a two tire Gurkhas, the Pre and the post July 97. Veterans of pre 1997 include the ones involved in most wars and conflicts.The pre 1997 Gurkhas and their families have been denied the right to join the AFPS 1975 and their NI issues have been totally ignored. Although overseas based, the Gurkhas were involved in the same active duties like those based in the UK.

Inferior rules/ regulations for Gurkhas

Although considered an integral part of the British Army, Gurkhas have been governed by different sets of inferior rules and regulations specifically designed for the Brigade of Gurkhas: (1) Gurkha Pay and Pension Manual (GPPM) for inferior pay, pension and allowances (2) Brigade of Gurkhas Standing Instructions (BGSI) for inferior accommodations, allowances and benefits (one classic example of HQBG's discriminatory rule is the unfair dismissal of men with nearly 14 years of service without pension and compensation allegedly implicated in Married Unaccompanied Gurkha Addition (MUGA) case) and (3) Brigade of Gurkhas Manning and Record Office Instructions (BGMROI) for an alien service structures, ranks and promotions that is not found either in the Indian or the British Army.

Gurkha Offer to Transfer (GOTT) (AFPS 1975)

GOTT was meant to provide better pension for Gurkhas but several cases have emerged where Gurkhas are receiving less than their GPS Pension. The system is so flawed that even some officers get less pension than soldiers. This shows that the GOTT policy needs an urgent overhaul! As a result of the GOTT, the Gurkhas’ overseas service has been nullified without proper justification.Condoned service to Gurkhas at the time of redundancy is being deducted when transferred to the AFPS 75. They are also asked to pay back the commutation of pension. We feel this is illegal and discriminatory. We have been advised by a London barrister that “ As per Article 1, 1st Protocol dated 20th March 1952 to the ECHR, that the condoned service or commutation given in respect of the pension enjoyed by servicemen constitutes “pensionable property and the deprivation of this “pensionable property” amounts to a breach of the law”The Gurkha Pension Warrant of 1949 states that Gurkha service is to be counted 1:1 for pension purpose (also incorporated in the GPS) Regardless of their base, Gurkhas were involved in every operation like their British counterparts.

UNDERPAYMENTS & UNFAIR DISMISSALS

Underpayments of Pay & Allowances

Gurkhas were paid nearly 10 times less than their British counterparts but were made to work twice as much.Gurkhas were sent home on 6 months leave every three years but were paid basic Indian rate for the leave they earned working on a foreign soil. Their separation allowances from their families were at least three times less than that paid to their British counter parts.MOD has saved millions by denying the Gurkhas their rightful dues . This is not an issue of compensation but a case of returning the money owed to the Gurkhas.

EXCHANGE RATE LOSS

A Gurkha Sergeant was paid NPR 36000/ month in 2013 = £266 @ £1 = NPR 135:00

Pension increase this year is 10:03% = NPR 3708. NPR 36000 + NPR 3708 = Total NPR 39,708

Exchange rate for 2014 is £1 = NPR 165

Despite the 10:03% pension increase this year, the MoD will now pay the Sergeant – NPR 39,708 / 165 = £240 only. That is £26 less than what he was paid in 2013 despite the 10.03% increase in pension!!

Compensation for the victims of unfair dismissals on the Hawaii incidents

The scuffle was triggered by the British Officer (Major Corin Pearce)Only 10 – 11 soldiers involved - No fair trial in military or civilian courts.Soldiers were sent packing to Nepal like hoards of animals with their families and children in a state of confusion and shock. Cases of suicide were reported in Nepal.Would the MOD dare do this to a whole company of British soldiers?Even the harshest military rules don’t allow that scale of dismissal without proper investigation and provision for legal representations in the 21st century.

Compensation - Victims of Married Unaccompanied Gurkha Addition (MUGA) case

Low pay and allowances during service. Waiting time for a married accompanied tour was long and unpredictable.Many were tempted to declare themselves married in the hope of getting few extra penny to support their families. Those who were found to have declared themselves married without being married were administratively discharged from the Army based on the Brigade of Gurkhas Standing Instructions.Soldiers were discharged without proper trail by military or civilian courts. For this trivial offence.How can such decisions on peoples life can be taken based on discriminatory rules that are NOT applicable to the wider British Army?

False National Insurance

Until 2005 the Gurkhas were employed by the MoD unlawfully by denying them the right to pay National Insurance. They were given temporary National Insurance number in their pay slip but were denied any link with the HM Revenue.The case was brought against the MoD by Lt Kaji Sherpa. MoD’s consultation with the HM Revenue revealed that the act of not paying individual NI for the Gurkhas was unlawful . This resulted in the MoD having to make payment backdated to 1997 at a cost of £14 million.Gurkhas before 1997 have been denied this opportunity and have not qualified for a state pension and other benefits.

ADULT DEPENDANTS

A British High Court has recognized that: “Gurkha adult dependants are victims of HISTORICAL INJUSTICE”.

Children were not born adults! Had the settlement rights were given earlier, they would have been eligible for settlement in the UK. Some of their families have given three generations of service to this nation and now their children are being denied the right to settlement.

The adult dependants are the only support to their widowed mothers and old parents in the UK in their twilight years.

They are educated and can contribute to the local economy. Many dependants are likely to face deportation soon as they are seen to be

overstaying as a result of the delay in the outcome of their appeals. Several adult dependants application for settlement have been rejected

simply because their name differ in the supporting documents. If need be, provision for DNA tests should be made for those dependants whose supporting documents are insufficient satisfy the consular officer.

SIMILARITIES IN GURKHA NAMES

Deepak – DipakPradeep – PradipGanesh – GanesSarmila – SharmilaPreetam - Pritam

In a situation where the spelling of a persons name differs, the Nepalese authorities investigates and cross checks family details and issues certificate stating that the bearer of the document with two different names is the same person.

Such documents are not accepted by the consular officers despite including a Family Relation certificates bearing family photographs. There are no other means of verifying the applicant. DNA test is therefore necessary to avoid injustice being done.

GURKHA WIDOWS

Most Gurkha widows were forced to spend at least twelve years away from their husbands due to the lack of sufficient married quarters for the Gurkha families and the ignorance of the MoD on this issue. Are such a long family separations imaginable in the UK society?

As if this was not enough, the widows are now separated from their adult dependants due to the immigration policy.

The pension they inherit after their husband’s death is reduced by 40% making life very difficult.

Nepalese live in an inter-dependant family by culture and religion and this separation is a cultural shock.

Britain is a multi-cultural country that has great respect for other cultures and religions and should respect the culture of these brave warriors.

REASONS FOR MIGRATION TO THE UK

Insufficient pension.

Poor medical health facility in Nepal.

No social security or State benefit in Nepal.

GURKHA WELFARE TRUST (GWT)

Why is a Gurkha Welfare Trust necessary? Are there any British Welfare Trusts for British soldiers? Who made us welfare cases?

Why is money being raised from around the World by depicting the Gurkhas like beggars that undermines the image and prestige of Nepal as a whole?

Gurkhas were made to contribute a one day pay to GWT and Gurkha children were made to sing and dance to raise money. But, there is not a single Gurkha on the decision making board.

Massive donations are received each year from individuals and countries like Japan, USA and Canada - whom we have never fought for!

Money is being wasted in the name of drinking water, school and bridge building projects when the DFID should be doing this.

The staff at GWT are paid handsome salaries while the destitute Gurkhas are paid £40!

Isn’t the MoD responsible for looking after the Gurkhas whom they made welfare cases?

HOW GURKHAS ARE PORTRAYED

“A LONG WALK FOR PENSION” PHOTOGRAPHS - GURKHA WELFARE TRUST

MEDICAL HEALTH FACILITY - NEPAL

Small primary care clinics are run by the GWT. Inadequate supply of essential drugs.No claims are allowed for treatments undertaken in any

specialist hospital in Nepal or outside Nepal.The Government run hospitals are not cable of handling special

cases and lack technology and proper management.Despite the low pension, veterans are expected make their

initial contribution according to ranks. Fresh information from Nepal suggests that the annual medical

claim limit for individual is being reduced to NPR 150,000 from the previous annual claim of over NPR 200,000.

Most day to day expenses are not worth putting a claim for due to the travel time and travel expense to and from the Gurkha Welfare Centres.

SUGGESTIONS/ RECOMMENDATIONS

The Tripartite Agreement is an agreement that outlines and formulates the SUPPLY, DEMAND and USE of human beings and NOT OF ANIMALS. Therefore, the signatories must abide by its contents.

As per the spirit of the TPA and the principal of equal pay for equal value work, the Gurkhas must be paid equal to their British counterparts in every term.

Nepal is a independent country and the bilateral agreement signed by India & Britain cannot be forced upon her and her citizens.

Pension should be paid on a pro-rata basis with effect from the date of discharge; i.e. if a British soldier is paid £22 after twenty two years of service, a Gurkha should be paid £15 for his fifteen years of service.

The 1 July 1997 is an arbitrary date that needs to be revoked and all Gurkhas should be given the opportunity to transfer to AFPS 1975 with their service counted 1:1 for pension purpose as per 1949 Gurkha Pension Warrant (incorporated in the GPS)

Redundant should be fairly compensated for the extremely low gratuities paid to them and should be given preserved pension.

Gurkha widows should be given the same treatment, facilities as any British widows are given.

Adult dependants should be allowed to settle in the UK with due consideration to their fathers contribution to this nation and the historical injustice they have faced. All detentions and likely deportations should be differed until the report published by the committee.

A special committee needs to be formed to review the incidents of unfair dismissals e.g. Hawaii , MUGA and marriage to foreigners that were dealt with using the manuals made specifically for the Gurkha Brigade. The victims should be suitably compensated.

India has no problem looking after 50,000 plus Gurkhas while Britain pretends to be struggling to maintain 3000 Gurkhas. Britain wants to hold on to the Gurkhas but does not want to treat them equally. If the financial situation of Britain is so bad, it must let go the Gurkhas completely so that other nations may take them on board.

CONCLUSIONSixty six years ago when the TPA was signed, the authoritarian Rana rulers of Nepal were much more democratic and believed in equality and justice compared to the British authorities. The Rana rulers made their points absolutely clear in writing that Nepalese citizens be treated equally without discrimination and with dignity. On the contrary the so called advanced, powerful, rich and educated British began treating the Gurkhas like mercenaries from the day they signed the TPA. They must have been either big liars or a big bullies. It is hoped that this time around, the British Government, in all fairness and decency, shall look into the grievances and will redress them, and not instead, concentrate all their resources and efforts on finding ways to continue the discrimination and bullying. Even a trade agreement is revised and modified according to the changing circumstances. Here, the agreement is not of consumer goods but of human lives - lives of one of the best infantry soldiers in the world.

THANK YOU

LIVE EVIDENCEINDIVIDUAL SAMPLE CASES

VICTIMS OF MoD POLICIES