NEPAL: GOVERNMENT ASSURANCES, POLICY AMBIGUITIES

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 001074

SIPDIS

STATE FOR SA/INS AND PRM
LONDON FOR POL - GURNEY
BEIJING PLEASE PASS CHENGDU
NSC FOR MILLARD

E.O. 12958: DECL: 06/10/2013
TAGS: PREF PREL CH NP
SUBJECT: NEPAL: GOVERNMENT ASSURANCES, POLICY AMBIGUITIES
ON TIBETAN REFUGEES

REF: KATHMANDU 1044 AND PREVIOUS

Classified By: CDA ROBERT K. BOGGS. REASON: 1.5 (B,D).

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SUMMARY
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1. (C) On June 10 in separate conversations with Charge and
Ambassador Joyce Leader, Office Director of PRM/ANE, the
Secretaries of the Ministries of Foreign Affairs and Home

SIPDIS
have attempted to assure us that Government of Nepal (GON)
policy toward Tibetan refugees transiting Nepal has not
changed. The absence of any written policy and variations in
the messages conveyed by the two Secretaries, however, make
it difficult to assume a uniform GON approach to such cases
in the future. UNHCR's success in securing exit permits for
40 Tibetan refugees on June 11 may provide a promising early
indicator. End summary.

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MFA: "INFORMAL INSTRUCTIONS"
NOT TO ARREST TIBETANS
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2. (C) In a June 10 meeting, Foreign Secretary Madhu Raman
Acharya told Charge that the Government of Nepal (GON) has
issued "informal instructions" to the police not to arrest
Tibetans transiting Nepal on their way to India. (Note:
Acharya had earlier told Charge that he had spent four hours
at the Home Ministry the previous week reviewing procedures
and policies regarding Tibetan refugees. End note.) Acharya
described the May 31 deportation of 18 Tibetan refugees to
China (Reftel) as "an extraordinary circumstance" that will
not recur. He asked the Charge how the GON could
re-establish its credibility with the international
community. The Charge replied that the best way is for the
GON to revert to its past practice of complying with the
"gentlemen's agreement" by handing over Tibetan asylum
seekers to UNHCR. The international community, including the
US, will be watching carefully to ensure that the GON
demonstrates its statement that it has not changed its policy
by continuing to abide by that agreement. Acharya reiterated
his previous reassurances that the GON policy remains
unchanged.


3. (C) Acharya once again blamed heavy Chinese pressure for
the GON deviating from its usual practice and deporting the
Tibetans. As an example, he cited a request from the Chinese
government that Nepal issue multiple-entry visas to certain
"refugees" (i.e., Chinese spies posing as guides escorting
fleeing Tibetans across the border). When the GON refused,
China imposed a work permit requirement for Nepalis seeking
employment in Hong Kong, Acharya said. He added that the
Chinese government had earlier given the GON a list of names
of Tibetans it believed were in Nepal, requesting that the
GON apprehend them. Instead, the GON ignored the list and
allowed three of the people listed to leave for India.
Acharya said he believes the Chinese hard line on the latest
group of 18 may have been in retaliation for the GON's
failure to heed that request.

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HOME MINISTRY:
FIRST COME, FIRST SERVED?
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4. (C) Also on June 10, Ambassador Joyce Leader, Office
Director of PRM/ANE, accompanied by poloffs, met with Home
Secretary Tika Datta Niraula. (Note: Amb. Leader's call

SIPDIS
marks the first time the Embassy has succeeded in speaking
with Niraula, despite numerous efforts, since May 29. End
note.) Amb. Leader underscored USG concern at the GON's
deportation of the 18 Tibetans and strongly urged the GON to
abide, on humanitarian grounds, by the "gentlemen's
agreement" and turn over Tibetan asylum seekers to UNHCR.
Niraula responded that the GON has not changed its policy and
described the deportation as an "accident" that "won't happen
again." As an example of its commitment, the GON is prepared
to grant an exit permit to a Tibetan man who has been
detained since May, Niraula stated, pulling a file from his
desk. When poloff asked when the exit permit would be
granted, Niraula replied that the final decision would have
to await appointment of a new Home Minister. Poloffs also
noted that UNHCR had applied for exit permits for a group of
40 Tibetans, currently staying at the Reception Center, for
travel to India. Niraula said he was unaware of the request
but foresaw no problem. (Note: The exit permits were
granted on June 11. The bus was expected to leave the
evening of the same day. End note.)


5. (C) Niraula contended that the GON broke no law by
detaining undocumented foreigners on its territory. Even if
the GON did not break its laws, Amb. Leader rejoined, it
violated the gentlemen's agreement and the policy that had
earned it a reputation for tolerance and hospitality toward
Tibetans. It is very important that the GON follow up its
verbal commitments with actions that demonstrate that its
policy remains intact.


6. (C) Poloff asked Niraula to articulate GON policy toward
Tibetan asylum seekers. Niraula replied that the GON will
hand over asylum seekers to the UNHCR if it expresses an
interest in them as "persons of concern." The asylum seekers
may not be turned over, however, if the Chinese government
expresses an interest before the UNHCR in a particular case,
he suggested. The Chinese had designated the 18 deported
Tibetans as "persons of concern" before the UNHCR did, he
asserted, claiming that the UNHCR did not contact the Home
Ministry until the day before the deportation. (Note: UNHCR
has told us it contacted the Home Ministry more than one week
before the deportation. End note.)


7. (C) Poloff urged that UNHCR be afforded access to all
"persons of concern"--regardless of who else may have
expressed "concern" about them--in accordance with
international norms and standards. When Niraula raised
Nepal's special relationship with China, Amb. Leader urged
the GON to keep the humanitarian issue of asylum divorced
from political considerations. Niraula then backpedaled a
little from his previous statement about early Chinese
expressions of "concern" trumping UNHCR access, reiterating
that the deportations will not recur and that the GON has not
changed its policy.

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COMMENT
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8. (C) The GON is acutely aware of the damage the
deportations have brought to its standing in the
international community and is particularly anxious to allay
donor concerns about possible recurrences in the future.
While we are pleased to hear of the "informal instructions"
given to the police not to arrest Tibetans, it is difficult
to determine, in the continued absence of a formal policy,
how closely the instructions will be followed--especially in
cases of "concern" to the Chinese. We will continue to
monitor the situation closely--including the timely granting
of an exit permit to the Tibetan male Niraula mentioned.


9. (U) Amb. Leader did not have an opportunity to clear
this message
BOGGS