| Treaty of Chushul (1842) | |
|---|---|
| Signed | 17 September 1842 (Assuj 2, 1889 B.S.) |
| Location | Ladakh |
| Effective | 17 September 1842 |
| Full text | |
 Treaty of Chushul atWikisource | |
TheTreaty of Chushul,[1] or theDogra–Tibetan Treaty of 1842,[2]was apeace treaty signed between theTibetan government ofGanden Phodrang (then aprotectorate ofQing China) and theDogra RajaGulab Singh ofJammu, under thesuzerainty of theSikh Empire, following theDogra–Tibetan war (1841–1842). It was signed inLeh in September 1842 restoring thestatus quo ante bellum,[3] and respecting the "old established frontiers" betweenLadakh andTibet.[4] The treaty is often referred to as the "Treaty of Chushul", likely due to the last battle of the war taking place nearChushul.
Zorawar Singh Kahluria, a Dogra general, who, after the conquest ofLadakh, attempted to extend its boundaries in order to control thetrade routes into Ladakh under the leadership ofGulab Singh ofJammu, under the suzerainty of theSikh Empire. Even though Zorawar Singh's campaign to westernTibet saw some initial successes and temporally occupied parts of Tibet, the campaign suffered a major defeat atTaklakot (Purang) and Zorawar Singh was killed. The Tibetan forces then advanced on Ladakh, but were subsequently defeated byDiwan Hari Chand nearChushul in 1842 who was leading Dogra reinforcements coming fromJammu. At this time both sides decided to negotiate in order to end theDogra–Tibetan war (also known as the Sino-Sikh war).
On 17 September 1842, the Treaty of Chushul was agreed inLeh between the Dogras led byHari Chand and the Tibetans, executed by an exchange of notes which embodied the duties given to each other by both parties. Thus, theKashmir government had taken over the responsibility assumed by the Tibetan and Chinese authorities, and the Tibetan government also assumed the responsibility of the former.[5] TheTibetan note, incorporating the concessions made by the Dogras, was handed to Gulab Singh's representatives. ThePersian note, describing the Tibetan concessions, was presented to the Tibetan officials.[6] Three versions of the treaty, including a Tibetan-language treaty in the possession of the Kashmir government, a Persian-language treaty in the possession of theLhasa authorities, and a treaty document obtained by the agents of the Raja ofBushahr, basically matched with each other even though they had some textural variations.[5] In any event, it was the duty of the Qing imperial resident (Amban) at Lhasa to report these developments to the Chinese Emperor.[4]
This treaty was signed within three weeks of the capitulation of the army of theQing dynasty atNanking (Nanjing) and the signing of theTreaty of Nanking on 29 August 1842 which ended theFirst Opium War. The First Opium War (1839–1842) was fought between theBritish Empire and the Qing dynasty of China following the Chinese enforcement of their ban on theopium trade, and the British defeated the Chinese by 1842 using technologically superior ships and weapons. The Qing dynasty, as the suzerain of Tibet, was involved in other conflicts, such as the First Opium War, and was unable to conduct atwo-front war at this time.[7] But the agreement reached in September 1842 brought Zorawar Singh's ill-fated yet ambitious Dogra adventure into western Tibet to an abrupt end.[5] Although the Dogras sought British support during the Dogra–Tibetan war, the treaty was ultimately signed through negotiations between the primary parties.[8]
The resulting Treaty of Chushul was a simple document with three articles that restored thestatus quo ante; only the second article stating that "in conformity with ancient usage, Tea and Pashm shall be transmitted by the Ladakh road" could be accepted because it was supposed to give Gulab Singh a monopoly of the shawl wool export trade, the main objective of his campaign in western Tibet.[8] The terms were also summarised in theLadakh Chronicles as follows. Tibet recognised that Ladakh was annexed to theSikh Empire, and the Sikh Empire relinquished the ancient Ladakhi claim to western Tibet. Both the sides would remain within their own territories. BiennialLopchak missions would go on as before. Ladakhi merchants would be allowed to travel toRudok,Gartok and other places in Tibet and the Tibetan merchants fromChangtang would be allowed to go to Ladakh.[6]
The texts of the notes also stated that the "old, established frontiers" between Ladakh and Tibet would be respected, although the texts did not specify their alignment.[9] The Ladakhi king and queen were to be allowed to live in Ladakh peacefully, and it is the Ladakhi king that would send the biennial Lopchak missions to Lhasa rather than the Dogra regime. All trade between the two regions was to be conducted according to "old, established custom".[4] Some accounts suggest that a supplementary treaty with similar provisions was concluded between the Governor of Kashmir, representing the Sikh Empire, and Lhasa officials under the authority of theEmperor of China.[4]
TheBritish defeat of the Sikhs in 1846 resulted in the transfer of theJammu and Kashmir region including Ladakh to British control, with Gulab Singh recognized as theMaharaja under British suzerainty. In March 1856, apeace treaty between the Tibetans and theKingdom of Nepal, known as theTreaty of Thapathali, was signed inNepal following theNepal–Tibet War (1855–1856), with the approval of the ChineseAmban.[10] Clause 4 of the treaty freed the remaining Sikh prisoners of war still held in Tibetan captivity whom were captured in 1841.[11] This clause was included in the treaty at the behest of Gulab Singh of Kashmir to free the remaining prisoners.[12]
No text appears to have been officially transmitted to the British during the time when the Treaty of Chushul was signed, although the Raja of Bushahr received a version of it. The British did not receive the official text of the treaty until 1889, when the situation on the Sikkim-Tibet border prompted them to closely study the relations between the protectorates and Tibet. CaptainHenry Ramsay, the British Joint Commissioner at Leh, then drew up a document whose terms were essentially the same as those of the ruler of Bashahr, although they seemed to indicate a greater degree of Tibetan influence in Ladakh affairs than the British Indian government had suspected. Before 1900, the British Indian government had not yet decided whether this treaty in any way affected its position vis-à-vis the supremacy of Kashmir.[8][13]
The Treaty of Chushul came into discussion in the 1960s in the context of theSino-Indian border dispute. The government ofIndia used the treaty to counter the Chinese contention that the border between Ladakh and Tibet had never been delimited. The Indian position was that the reference to "old, established frontiers" meant that the border had been delimited. The Chinese argued that, even if it had been delimited, there is no guarantee that it was the same as the Indian-claimed boundary.[14] It appeared that the British did not consider the Treaty of Chushul a boundary treaty that defined the border of Ladakh in the 19th century, because they started asking China to start negotiations to determine the border as soon as they added thestate of Jammu and Kashmir totheir empire in 1846. However, they later gave up because Qing China did not respond to the request for reasons of its own.[15]
According to the Indian government, Tibet signed the treaty with Ladakh in 1842 which it considered a boundary treaty, suggesting that the Chinese government previously recognized Tibet's right to conduct foreign relations alone and deal with its own border issues. On the other hand, the government ofChina acknowledged the existence of the 1842 Treaty of Chushul, but said China had not actually authorised Tibet to sign a border treaty with another country. The Indian government responded that China was involved in the signing of the treaty because the 1842 treaty "was signed by representatives of both theDalai Lama and theEmperor of China". Although the argument appears to have shown that the Chinese government "signed" the 1842 treaty and allowed Tibet to participate in it in the presence of Chinese representatives, China believed that it was not at all a proof that China had delegated Tibet a general power to independently conclude border agreements with neighbouring countries.[16]
4. Chouthon Kura (Article Four): The Government of Gorkha is to withdraw its troops from the occupied territories of Kuti and Kerong and Jhung and return to the Tibetans the sepoys, sheep, and yaks captured during the war, when the conditions of the treaty were fulfilled. The Tibetans, in return, are also to give back to the Gorkhali cannons and also the Sikh prisoners-of war who had been captured in 1841 in the war between Bhot and the Dogra ruler.