Seminar Report on Tibetan isssue

Seminar Report of 'The UN, International Laws and Refugees in Nepal'


Background:

“Sambad Nepal” was created in the wake of the despotic move by King Gyanendra Shah to impose an autocratic military rule after suspending all fundamental rights of the people. As a forum for dialog between the people and political parties, the people and rights activists, the people are the media, the people and the international community, etc., Sambad Nepal acquainted the people with the work being done by various actors to protect the rights of the people. Simultaneously, Sambad Nepal also acquainted rights activists, political leaders, media persons and members of the international community with the basic concerns and demands of the people.

Consequent to the People's Movement of 2006, democracy was restored in Nepal and the rights of the people were won back through a long and difficult struggle. In the new political environment, Sambad Nepal found the opportunity to focus its attention on the plight of Tibetan refugees living and working in and around Pokhara.

The situation of the exiled Tibetan is at its worst in the refugee camps in Nepal. Tibetans living as refugees in Nepal, and their children born as refugees within the camps, have the hardest life among all Tibetan in exile. The more closely Sambad Nepal interacted with the refugee community and learned about the conditions in which they live, the more it became apparent that a civic dialog in Nepal was essential if their condition was to be changed for the better.

Tibetan refugees have been confined to fifty year old settlements, denied the right to carry identification documents, denied the right to earn a dignified livelihood, denied the right to hope for a better future for their progeny, and denied the right to improve their own condition through hard work and perseverance. Although subject to Nepalese laws, their rights are not protected by any existing laws, national or international. They have no avenue for redress to their grievances since none of their rights are protected, including the right to free expression, the right to own property, the right to move freely with peaceful intentions, the right to peaceful assembly, the right to practice of belief or religion, the right to livelihood, or the right to education and health care.

In this context, Sambad Nepal organized a seminar to mark the 49th anniversary of Tibetan settlement in Nepal. The event was able to direct the attention of the local community, the civil society, rights activists and the national and international media towards the condition of Tibetans living in Nepal. It became clear that more work was needed to protect their rights.

The two-day seminar organized on the 6th and 7th of October, 2009, was in a series of events aimed at further increasing awareness of this issue and appealing to the wider community, in Nepal and internationally, to assist Sambad Nepal in creating the groundwork through which the problems and grievances of the Tibetan refugee community may be addressed towards a resolution.



A two-day seminar titled “The UN, International Laws and Refugees in Nepal” was organized by Sambad Nepal on October 6th, 2009, in Lumle of Kaski. The conclusions were made public at a press conference in Pokhara on october 7th, 2009.

Sudip Pathak, central chairperson of Human Rights Organization of Nepal [HURON], Yagyaraj Adhikari, regional chief of the National Human Rights Commission, DP Kafle, the general secretary of People's Forum for Human Rights, Bhutan, Taranath Dahal, an ex-president of the Federation of Nepalese Journalists and currently the chairperson of the Freedom Forum, and other human rights activists, media personalities and leaders from refugee communities were present at the seminar which was chaired by Nilkantha Sharma, the chairperson of Sambad Nepal. Sudip Pathak, and Sher Bahadur KC, ex-vice chairperson of Nepal Bar Association, presented papers at the seminar.

Brief notes on the proceedings of the seminar are presented below.

Nilkantha Sharma:

Nepal is at an important historical juncture. We have organized this program to understand better the plight of our brothers and sisters who have been forced out of their countries by the policies adopted by our large neighbors: in 1959 by China, which forced Tibetans to leave China, and in 1990 by India, which facilitated the expulsion of Bhutanese Nepalis by the Druk king. India need not have brought Bhutanese refugees of Nepalese descent to Nepal, but it did.

We don't want to get into a political debate over who owns the soil of Tibet. The condition of Tibetan refugees was created by a political cause, and it can only be resolved through political solutions. Tibetan refugees are the descendants of our sisters who have married into the Tibetan society since ancient times, and those from Bhutan are our siblings, equals in culture and language. They are not illegal in Nepal, as they are legitimate refugees under the UN guidelines. Nepal as a nation has never stepped back when it comes to taking advantage of benefits begotten through its membership with the UN, but it has been shamelessly negligent when comes to fulfilling its duties. Nepal Government should search for a unilateral or multi-lateral solution to this crisis.

Sher Bahadur KC (Ex-vice Chairperson, Nepal bar Association):

No host country should repatriate or return a refugee to the country of origin against the refugee's will when there is the possibility that the fundamental rights of the refugee will be threatened or violated in the country of origin. The host country must protect the fundamental rights of any person seeking refuge or asylum and provide for their basic necessities.

Baikuntha Nyaupane (Campus Chief, Bhanu Bhakta Campus):

Nepal Government has neglected the directive given to it by the Supreme Court of Nepal to create laws regarding refugees. Nepal Government should give assurance of security of person, property and liberty to refugees and treat them with due human dignity and respect. The internally displaced refugees in Nepal put in perspective the hardship endured by Tibetan and Bhutanese refugees in Nepal; and the insecurity with which we live reminds us that we are all always on the verge of becoming refugees ourselves.

Bishwa Sigdel (Intellectual):

It is condemnable that Nepal Government has turned away or even surrendered to Chinese authority Tibetan individuals seeking refuge or asylum in Nepal.

Shiva Malla (Member, Broadcasting Association of Nepal) :

We must become united in our effort to assist the refugee communities in Nepal.

Shyam Kunwar (Vice-Chairperson, Federation of Nepalese Journalists, Kaski Branch) :

Although refugees have to live under Nepalese laws, the same set of laws do not protect any of their rights, and that is a deplorable situation. Nepal Government has been very active about resettling Bhutanese refugees in a third country, but it hasn't done anything towards the repatriation or resettlement of Tibetan refugees.

Gangadhar Parajuli (Ex-Chairperson, Federation of Nepalese Journalists) :

The civic society in Nepal, although vocal on other human rights issues, has hitherto been silent on the refugee issue. This seminar will be useful in informing all walks of civic life about the conditions of various refugee communities in Nepal, and in creating pressure upon Nepal Government to resolve those crises.

Devimani Bhandari (Rights Activist, Amnesty International, Group-82) :

In a world where the environment is being granted fundamental rights, why is the state of refugee rights in Nepal to dismal? Refugees in Nepal have been deprived of their fundamental rights.

Kapil Mani Dahal (Member, Nepal bar Association) :

The refugees in Nepal must be granted a legal status. They must be either repatriated under suitable conditions, or they must be granted citizenship. They should not be extradited or surrendered against their will.

Kul Bahadur Gurung: (Social Activist) :

I will be forever be dedicated to helping the refugee communities in Nepal.

Nirmal Babu Shrestha (Central Member, Amnesty Nepal) :

There is no political resolve among the political parties to solve the problems of the refugee communities in Nepal. They fear that speaking against India or China in support of the refugee communities will jeopardize their political opportunities, and this fear has been the biggest obstacle in addressing the grievances of the refugee communities. Refugees have been persecuted even for taking out peaceful demonstrations to demand the protection of their rights. Amnesty Internal is ever vigilant against such activities by the State, and will actively campaign against them.

Sudip Pathak (Chairperson, Human Rights Association of Nepal) :

Pathak presented a paper titled “Refugees in Nepal, and International Regulations.” The main issues included in the paper were as follow:

Problems faced by Refugees, and their Solutions

Tibetan Refugees:

There is no environment for independent work aimed at the welfare of the Tibetan refugee community, and their rights to practice their religion and spiritual beliefs have been systematically violated;
They are forced to study under foreign student quotas to become doctors, engineers or chartered accountants. They demand access to privileges and opportunities equal to those enjoyed by Nepali students;
Since any driving license issued contains the designation as a “refugee,” it creates problems with the administration at times of accidents or other incidents;
More than 12,000 Tibetans have been denied identification papers, and no records of deaths or births have been kept for years;
Travel documents have not been issued on the basis of the Refugee Identity Card. Travel documents do not have a 10-year validity. Since travel documents do not have a 10-year validity, they automatically expire after one use. The community's demand is for travel documents that are valid for multiple use over 10 years.
It is necessary for Tibetans to be able to obtain and exchange foreign currency on the basis of the travel documents and be able to travel with such foreign currency.
Tibetans should be able to establish associations, business organizations, industries or other avenues of vocational employment on the basis of appropriate and available identification papers.
Since there is no provision permitting refugees to buy and register vehicles with black plates for vocational or professional use, provisions should be created to make it possible for refugees to buy and register vehicles with black number plates.
Livelihood is a serious challenge for refugees without identification documents.
Tibetan refugees entering Nepali borders continue to be surrendered back to the Chinese authorities, or be arrested and tortured by Nepali police.

Problems faced by Bhutanese Refugees:

A rift is appearing among the refugees who are leaving for resettlement in third countries, and those who want repatriation. Those who want to return to Bhutan live in constant and grave insecurity whereas national and international non-government organizations [I/NGOs] have been very forthcoming in their assistance for those choosing to resettle in third countries.
There is a chronic shortage of food in the refugee camps, which has resulted in serious health problems among the refugees.
There is an extreme lack of security inside the refugee camps.
No successful or serious efforts have been made at higher administrative and diplomatic levels for repatriation of refugees.
The economic condition of the refugees is extremely fragile.
Immediate and vocal discussions at the national and international levels are imperative if the Bhutanese refugee crisis is to be taken towards a resolution.

Leaders from the Bhutanese refugee community have repeatedly put these concerns and demands before Nepal Government and UNHCR.

Conclusion and Recommendations:

Nepal Government should immediately ratify the UN Convention on the Status of Refugees, 1951;
Nepal Government must formulate clear and consistent policies regarding refugees;
In order to better facilitate the daily existence of refugees, international cooperation and assistance should be regular and reliable;
There should be regular programs at the civic level aimed at promoting and protecting empathy and fraternal relations between Nepali citizens and refugees;
Nepal Government and the International Community must persistently and cordially dedicate themselves towards guaranteeing the rights of the refugees to respectably return to their country of origin without any fear of persecution against life, liberty or property;
The International Community must be ever vigilant towards reducing the burden of hosting a refugee community by providing regular and substantial assistance to Nepal Government;
Nepal Government must create a high-level mechanism to guarantee, protect and promote the rights of all refugees, and in order to facilitate that, Nepal Government must create the necessary and expansive set of laws regarding refugees;
The role of UNHCR in the Nepali context must be clear, and a SAARC-level mechanism must be created to address refugee issues at a regional scale and to create a SAARC-Convention on the Status of Refugees.


Kiran Poudel (Lecturer, Bhanubhakta Campus) :

The Tibetan refugee issue is an older problem than the Bhutanese refugee issue in Nepal. Bhutanese refugee issue has seen many efforts directed towards its resolution, but nothing has been done to resolve the Tibetan refugee issue.

Karma Tashi Likshey (Camp Chief, Tashi Plakhel Camp, Hemja) :

Tibetan refugees have been living in Nepal for fifty years. Whereas the Tibetan refugee community is grateful for the hospitality and generosity of Nepal Government, our community continues to face serious problems. We request Nepal Government for the following:

1. Let our fundamental right to exist as dignified humans be protected by all sides.

2. Let Nepal Government become a signatory to the UN Convention on Refugees, in order to better protect and promote the fundamental rights of all refugees, including the Tibetan refugees.

3. Since Nepal lacks clear and consistent policies regarding refugees, numerous unwritten rules exist for the same work in different districts or offices. Let no individual or official enforce arbitrary rules, but let all decisions be taken in accordance with existing laws and regulations.

4. Identification documents for Tibetans of age 18 years or over: Tibetans have not been provided with Refugee Identity Card since 1995. More than 70 percent of the Tibetan youth of age 18 and over living in Pokhara do not have identification papers.

5. Right to equal access to higher education: Tibetan youths possessing Refugee Identity Cards are required to pay large sums in tuitions fees for higher studies in professional subjects like medicine, engineering, as they are charged tuitions as foreign nationals. Tibetan youths should be accorded access to higher education that is equal to the privileges given to their Nepali counterparts.

6. Right to equal access to employment opportunities: Tibetan youth, although highly educated, are often unemployed. Whereas many educated youth do not possess any identification document, the Refugee Identity Card doesn't permit them to work on equal terms with their Nepali counterparts either. The few Tibetans who find employment with private companies are contracted as foreign nationals.

7. Let there be a mechanism that assists Tibetan entrepreneurs to register their businesses to legitimize them through taxation.

8. Just as Nepali citizens have the right and opportunity to avail themselves of passports and other travel documents as required, let there be a mechanism through which Tibetans can avail themselves of appropriate travel documents as required by their travel needs.

9. The cordiality between Nepali and Tibetan communities is decades old. However, there are periodic and greatly exaggerated reports in the media that seriously threaten this relationship. Such reports immensely hurt the sentiments of our community. Therefore, we humbly appeal to you that our doors are always open to anybody wanting tonunderstand the nuances or truths of these matters, so that no false witness against our cordial relations may find encouragement.

10. Let Nepal Government work towards creating the necessary environment for the return of Tibetan refugees to their homeland. Until such a day shall come, let Nepal Government take the responsibility of guaranteeing, protecting and promoting the fundamental human rights of all refugees in Nepal.

DP Kafle ( General Secretary, People's Forum for Human Rights ) :

There are three options to solve any refugee crisis: repatriation, assimilation, and third-country resettlement, in this order or preference. The Bhutanese refugee crisis jumped straight to the third option, neglecting any exercise for repatriation. This is a conspiracy to erase out the identity of Bhutanese people of Nepalese origin. Bhutanese refugee leaders who were vocal about the issue of repatriation have been assassinated inside the refugee camps. Four leaders have been killed so far. We fear for our lives inside Nepal. The Human Rights Commission should guarantee for us the right to expression. A permanent task force for refugees called the National Commission for Refugees should be created. Political asylum should be given to political leaders and others wanted by Bhutan or China and the protection of their lives must be guaranteed. Bhutanese nationals, under Indo-Bhutanese treaty of 1949, can't be designated refugees in India, and therefore cannot fight for their rights from Indian soil.

Yagya Raj Adhikari (Regional Chief, National Human Rights Commission) :

Even if Nepal Government delays signing the International Convention on Refugees, it can protect the fundamental human rights of refugees by creating national laws that protect and promote their rights. It is unfortunate that the decade long civil war made it impossible to pay attention to the plight of refugees in Nepal, but the times have changed now. National laws must be created to guarantee and protect the rights of refugees.

Ram Chandra Tripathi (Advocate) :

Most Tibetans in Nepal do not have identification documents. If their stay in Nepal is to be legitimized, they must be issued identification documents.

Jyoti Bhattachan (Professor) :

Nepal should grant asylum to any individual seeking asylum under duress. Tibetan culture should be preserved.

Sonam Syangpo (Tibetan Refugee, Community Leader ) :

Out driving licenses are marked “refugee,” which works as signal to corrupt officials and bureaucrats to press us for bribes. This is just a small example of the daily life we live, marked by our status, voiceless because none of our rights are protected.

Shreebhakta Khanal (Executive editor, Pokhara Aawaj Daily) :

There are no laws regarding refugees in Nepali legislature. Refugees have only been granted refuge in Nepal, but none of their rights are guaranteed or protected. They should be extended humanitarian assistance also, and shown the respect and dignity they deserve. Almost 70% of Tibetans living in Nepal have no identification documents. Clause 7 of their Refugee Identity Card stipulates that they must seek the permission of the local administration before moving between different parts of Nepal, which is in direct violation of the spirit of Universal Declaration of Human Rights that guarantees free movement for individuals who travel with peaceful intentions without carrying weapons.

Taranath Dahal (Ex-Chairperson, Federation of Nepalese Journalists ) :

It is considered a crime to speak on refugee issues in Nepal. Are the Tibetan, Bhutanese and other refugees in Nepal criminals of some sort? Nepal follows the One-China Policy. That is a political issue, and we need not comment on that. But, we must raise our voice when the rights of any individual, including those of refugees, are violated.

A 15 point Lumle Declaration was passed at the end of the seminar. Those 15 points were presented before a press conference held on 7th October in Pokhara.


Sambad Nepal organized a two day seminar on United Nations Organization and Nepal in Lumle, Kaski on October 6th and 7th, 2009. Participating in the seminar were central chairperson of Nepal Human Rights Organization, Sudip Pathak; DP Kafle of People's Forum for Human Rights Bhutan; former President of Federation of Nepali Journalists, Taranath Dahal and many others. The seminar passed a 15-point declaration regarding refugees in Nepal.

1. A national policy be declared to identify, legitimize to and ensure humane treatment of Bhutanese, Tibetan and other refugees living in Nepal.

2. The Nepal Government sign and approve the 1951 convention on refugees and the optional article, 1967.

3. National legal provisions be immediately formulated to implement the Supreme Court's suggestions based on International Convention on Refugees and other related international laws.

4. The rights enshrined in the Universal Declaration of Human Rights (1948) and ICCPR be applied to refugees as well.

5. End insecurity of Bhutanese, Tibetan and other refugees in Nepal and guarantee life security and other facilities like engagement in occupation of choice, permit for periodic employment and study like a Nepali without any discrimination by issuing identity card, and periodic travel document.

6. An environment for dignified and secure return of Bhutanese, Tibetan and other refugees staying in Nepal be created. Provide an exit permit in an equal manner if any entity wants to resettle the refugees in a third country.

7. A clear and transparent policy be adopted for the continuity and a transparent and effective distribution of international assistance as the Bhutanese and Tibetan refugees staying in Nepal are facing difficulty in basic everyday living.

8. Contrary to the basis guaranteed by international law related to refugees that it is inhuman to expel or forcefully repatriate refugees if there is threat to their life or liberty, these inhuman acts be stopped.

9. The inequality created among the refugees by proceeding with third country resettlement without first taking initiatives to create an environment for dignified and secure return of the refugees to their home be stopped.

10. Guarantee an environment for obtaining respectful refuge for people of Bhutan, Tibet and Burma fleeing from their home after facing insecurity to life due to political, ideological, cultural, and geographical reasons.

11. Equal treatment in the provision of relief among refugees living in Nepal be ensured.

12. Initiatives be taken for a regional treaty by creating an effective SAARC level regional refugee related mechanism (South Asian Refugees Commission).

13. Guarantee return and secure livelihood of Nepali citizens displaced internally and externally from internal conflict.

14. There be a provision in the new constitution being drafted in Nepal for all to use individual fundamental rights guaranteed by international treaties and conventions without any obstacle.

15. A decision is taken to express commitment from all civil society entities at the local, district and central level to continuously raise voice for secure and dignified livelihood of all Nepali citizens and refugee citizens.
For further information please contact 98460-48168 (Nilkantha Sharma, Chairman, Sambad Nepal), 98461-06646 (Sribhakta Khanal, General Secretary, Sambad Nepal)