NEPAL-BHUTAN: UNHCR DIRECTOR CALLS FOR SOLUTION TO

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 002287

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E.O. 12958: DECL: 12/02/2003
TAGS: PREF PREL EAID AORC PHUM NEPAL'>NP
SUBJECT: NEPAL-BHUTAN: UNHCR DIRECTOR CALLS FOR SOLUTION TO

REFUGEE ISSUE

REF: A. GENEVA 4707

B. GENEVA 4652

C. KATHMANDU 2207


1. (C) Summary: In November 26 meeting with donor
representatives, Director of UNHCR's Bureau for Asia and the
Pacific Jean-Marie Fakhouri attributed at least part of the
blame for the recent sexual exploitation scandal (refs) to a
complacent attitude among local UNHCR representatives, and
promised to address what he views as a lack of proper contact
between the refugee camps and UNHCR. Fakhouri also stated
that bilateral efforts to resolve the problem of resettling
the refugees have been exhausted, and that UNHCR is exploring
the possibility of a multilateral solution by 2003. End
summary.

REFUGEE SEX SCANDAL:
THE ROAD WAS PAVED WITH GOOD INTENTIONS
--------------


2. (C) In a November 26 meeting with donor reps, UNHCR
Director for Asia and the Pacific Jean-Marie Fakhouri
acknowledged that at least part of the responsibility for the
eighteen cases of sexual exploitation recently exposed in the
Bhutanese refugee camps of eastern NEPAL (refs) rests on the
shoulders of UNHCR officials, but that the situation which
allowed the cases to go unnoticed was created with the best
of intentions. In the "model camps" set up in NEPAL, UNHCR
representatives empowered refugees to manage their own
affairs, and monitored the camps through a filter of NGOs,
which hired refugees to fill many of their staff positions
for education, health and other programs within the confines
of the camps. The system was held up as an example to be
emulated by other UNHCR projects around the world.


3. (C) Unfortunately, according to Fakhouri, the system was
so successful that UNHCR representatives distanced themselves
too far from direct administration. When allegations of
sexual misconduct began to surface, they failed to take
action, he said, characterizing the local representatives as
having "put their feet up on their desks, leaned back in
their chairs and said: the NGOs are managing it, all will be
well." Camp committees were unable or unwilling to take
action, however, possibly due to reluctance to admit the
problem. Even now, said Fakhouri, one camp committee
insisted to him no abuse had taken place in their own camp.
At the same time, psychologists sent by UNHCR were
interviewing victims just outside the meeting hall.


4. (C) Fakhouri used his explanation not as an excuse for
inaction nor as a condemnation of the "model camps." On the
contrary, he claimed that at least one camp committee had
made UNHCR-NEPAL aware of complaints as early as July 2001,
and that the lack of follow-up by local representatives was
under close scrutiny in Geneva. "From everything I've
heard," he admitted, "the goal (of empowering the refugees)
was reached. We have no intention of stripping the camp
committees of their authority. But we intend to make sure
that there is better structure, guidance and monitoring. We
must regain the contact that we seem to have lost." He
indicated that UNHCR plans to send a contingent of volunteers
to increase its presence in the camps, and is already
implementing an awareness campaign so that residents of the
camps are aware of their rights and the system by which they
can report complaints directly to UNHCR.

NEPAL MUST TAKE RESPONSIBILITY
--------------


5. (C) Fakhouri came to NEPAL for meetings with Government
officials to emphasize their responsibility for the security
of refugees on their soil. Though pleased with the
cooperation he has received thus far from police and Chief
District Office officials in terms of investigating and
prosecuting the known cases of sexual abuse, Fakhouri was
unimpressed with the anemic police presence in the
camps--five officers and one sub-inspector are assigned to
each camp of fifteen to twenty thousand refugees and leave
the camps at night. Claiming that most GON civil service
posts with responsibility for the camps are vacant, Fakhouri
accused NEPALese authorities of having "disengaged" from the
issue and of having made no real attempt to manage the
refugees.

BILATERAL POSSIBILITIES "EXHAUSTED"
--------------


6. (C) In the same vein, Fakhouri said that "bilateralism
has exhausted all of its possibilities," and related that
ambassadors from countries friendly to Bhutan were already
engaged in discussions in Geneva in search of an expeditious
multilateral solution. "This has dragged on too long," he
said. "Something has to be done soon, and by that I mean that
we need to develop and present something by 2003." Stating
that it is unrealistic to expect that all 100,000 refugees
will go back to Bhutan or that all 100,000 will be accepted
for resettlement in NEPAL, he suggested the need for a
burden-sharing package between the two countries, perhaps
brokered by neighbors or friendly countries with an interest
in helping the refugees return to Bhutan or be integrated
into NEPAL. He hinted that a "token resettlement to a third
country" would be an attractive option at some point in the
process to demonstrate good will by outside parties, but that
the preferable solution would be first to try to reach an
agreement between the two major protagonists.


7. (C) Comment: It is clear from Fakhouri's briefing that
UNHCR is doing its utmost to be transparent and honest about
the recent allegations of abuse, to admit that mistakes were
made, and draw useful lessons from the unfortunate events.
Also encouraging is apparent UNHCR interest in pursuing
multilateral initiatives for solving the continuing deadlock
between the GON and the Government of Bhutan. Embassy agrees
that the Bhutanese-NEPALese refugee problem has
persisted--and grown--long enough and should be soluble
through creative international effort. Post will share our
thinking about a possible formula for resolution septel.

MALINOWSKI