Treaties and Conventions Relating to Tibet
Treaty Between Tibet and Nepal (1856) [376]
TREATY BETWEEN TIBET AND NEPAL
1856
Translation of the Tibetan text
The undermentioned gentlemen, monks and laymen, of the Gurkha and Tibetan Governments held a conference and mutually agreed upon and concluded a Treaty of ten Articles, and invoked the Supreme Being as their witness, and affixed their seals to it. They have agreed to regard the Chinese Emperor as heretofore with respect, in accordance with what has been written, and to keep both the States in agreement and to treat each other like brothers. If either of them violate the Treaty, may the Precious Ones not allow that State to prosper. Should either State violate the terms of the Treaty, the other State shall be exempt from all sin in making war upon it. (Here follow the names of the signatories and their seals.)
1. The Tibetan Government shall pay the sum of ten thousand rupees annually as a present to the Gurkha Government.
2. Gurkha and Tibet have been regarding the Great Emperor with respect. Tibet being the country of monasteries, hermits, and celibates, devoted to religion, the Gurkha Government have agreed henceforth to afford help and protection to it as far as they can, if any foreign country attacks it.
3. Henceforth Tibet shall not levy taxes on trade or taxes on roads or taxes of any other kind on the merchants or other subject of the Gurkha Government.
4. The Government of Tibet agrees to return to the Gurkha Government the Sikh soldiers captured by Tibet, and all the Gurkha soldiers, officers, servants, women, and cannons captured in the war. The Gurkha Government agrees to return to the Tibetan Government the Tibetan troops, weapons, yaks, and whatever articles may have been left behind by the Tibetan subjects residing at Kyi-rong, Nya-nang, Dzong-ga, Pu-rang and Rong-shar. And on the completion of the Treaty all the Gurkha troops in Pu-rang, Rong-shar, Kyi-rong, Dzong-ga, Nya-nang, Tar-ling, and La-tse will be withdrawn and the country evacuated.
5. Henceforth the Gurkha Government will keep a high officer (a Bahadar), and not a Newar, to hold charge at Lhasa.
6. The Gurkha Government will open shops at Lhasa, where they can freely trade in gems, jewelry, clothing food and different articles.
7. The Gurkha officer is not allowed to try any case arising from quarrels amongst Lhasa subjects and merchants, and the Tibetan Government is not allowed to try any case arising from quarrels amongst the Gurkha subjects and traders and the Mahomedans of Khatmandu who may be residing in the jurisdiction of Lhasa. In the event of quarrels between Tibetan and Gurkha subjects the high officials of the two Governments will sit together and will jointly try the cases; the fines imposed upon the Tibetan subjects as punishments will be taken by the Tibetan official, and the fines imposed upon Gurkha subjects, merchants, and Mahomedans as punishments will be taken by the Gurkha official.
8. Should any Gurkha subject after committing a murder, go to the country of Tibet, he shall be surrendered by Tibet to Gurkha; and should any Tibetan subject, after committing a murder, go to the country of Gurkha , he shall be surrendered by Gurkha to Tibet.
9. If the property of a Gurkha merchant of other subject be plundered by a Tibetan subject, the Tibetan officials after inquiry will compel the restoration of such property to the owner. Should the plunderer not be able to restore such property, he shall be compelled by the Tibetan official to draw up an agreement to make good such property within an extended time. If the property of a Tibetan merchant or other subject be plundered by a Gurkha subject, the Gurkha official after inquiry will compel the restoration of such property to the owner. Should the plunderer not be able to restore such property , he shall be compelled by the Gurkha Government to draw up an agreement to make good such property within an extended time.
10. After the completion of the Treaty neither Government will take vengeance (Lit. "be angry with") on the persons or property of Tibetan subjects who may have joined the Gurkha government during the recent war, or on the persons or property of Gurkha subjects who may have so joined the Tibetan Government.
Dated the 18th day of the 2nd month of the Fire-Dragon Year.
Notes
1. Source: C.A. Bell, Tibet: Past and Present (1924; rpt. Oxford, 1968), pp. 278 280. Reprinted by permission. Translated from the original, which was shown to him by the Dalai Lama in 1920. (L/P&s/10/718, Lhasa Mission, Nov. 1920 to Oct. 1921, Final Report, p.3.)
Reproduced from M. C. van Walt van Praag's Status of Tibet: History, Rights and Prospects in International Law. With permission of the author.