Montevideo Convention and United States of Kailasa

The city of Newark in the US state of New Jersey has rescinded a sister-city agreement with the so-called ‘United States of Kailasa’, (USK) founded by Indian fugitive Nithyananda, citing deceptive circumstances surrounding the fictional country and terming the incident as “regrettable”.

  • The sister-city agreement between Newark and the so-called USK was entered into on January 12, 2023 and the signing ceremony took place at City Hall in Newark.
  • Earlier, USK representatives attended two UN public meetings in Geneva – a general discussion on ‘Equal and inclusive representation of women in decision-making systems’ organised by the Committee on the Elimination of Discrimination against Women (CEDAW) on February 22.
  • USK also attended the general discussion day on the General Comment on economic, social and cultural rights and sustainable development on February 24, hosted by the Committee on Economic, Social and Cultural Rights (CESCR).
  • A woman named Vijayapriya Nithyananda was seen speaking at a United Nations meeting in Geneva. In her statement at the UN, Vijayapriya claimed that her guru, Nithyananda, has been persecuted by India. However, she later issued a clarification, stating that the “United States of Kailasa” holds India in high regard and urging the Indian government to take action against those who attack and incite violence against Nithyananda and Kailasa.
  • The Office of the United Nations High Commissioner for Human Rights (OHCHR) said registration for such public events is open to NGOs and the general public. Anyone can submit information to the treaty bodies, who will use their judgment to determine the credibility of the submissions received.

About United States of Kailasa

  • ‘United States of Kailasa’ is a self-proclaimed country founded by Nithyananda, a controversial godman accused of rape and kidnapping who fled from India in 2019.
  • Though no one is aware of its existence, apart from pictures and videos that keep popping up in social media.
  • The exiled godman allegedly purchased an island off the coast of Ecuador in South America. There aren’t many images of Kailasa in existence. ‘Kailasa’ is not recognized as a country by the United Nations or the international community.
  • To be considered a country, a territory must have a permanent population, a government, and the capacity to have relationships with other countries, according to the Montevideo Convention of 1933, which is part of customary international law.

About Montevideo Convention

  • Montevideo Convention or ‘Montevideo Convention on the Rights and Duties of States’, agreement signed at Montevideo, Uruguay, on December 26, 1933, that established the standard definition of a state under international law.
  • Adopted by the 7th International Conference of American States, the convention stipulated that all states were equal sovereign units consisting of a permanent population, defined territorial boundaries, a government, and an ability to enter into agreements with other states.
  • Among the convention’s provisions were that signatories would not intervene in the domestic or foreign affairs of another state, that they would not recognize territorial gains made by force, and that all disputes should be settled peacefully.

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