NEPAL: TIBETAN REFUGEES AND U.S. INTERESTS -

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 001308

SIPDIS

STATE FOR SA, H, SA/INS
DEPT PLEASE PASS TO USAID/ANE AND ASST ADMINISTRATOR
WCHAMBERLAIN
NSC FOR MILLARD, LONDON FOR POL/GURNEY, DOJ FOR DEA

E.O. 12958: DECL: 07/11/2013
TAGS: PREF EAID PREL NP
SUBJECT: NEPAL: TIBETAN REFUGEES AND U.S. INTERESTS -
ACTION REQUEST

REF: (A) KATHMANDU 1247 (B) KATHMANDU 1239 (C)
KATHMANDU 1219 (D) KATHMANDU 1133 (E)
KATHMANDU 1132 (F) KATHMANDU 1044

Classified By: Ambassador Michael E. Malinowski for Reasons 1.5 (b,d)


1. (SBU) Embassy understands that a group of nine congressmen
who sent a letter on June 19 to the Prime Minister of Nepal
is now poised to introduce punitive legislation against Nepal
if the government does not satisfy their ultimatum regarding
the status of Tibetan refugees in Nepal. The Embassy feels
strongly that such an action would be inconsistent with
broader U.S. interests in Nepal. Moreover, on July 11,
Samdhonje Rinpoche, the Prime Minister of the Tibetan
Government in Exile in Dharamsala, informed the Dalai Lama's
representative in Nepal that punitive legislation against
Nepal would not support Tibetan objectives. The Embassy
believes it is important that the Department contact these
congressmen on July 11 and make the following points.


2. -- TIBETAN COMMUNITY IN NEPAL --

-- Since 1959, Nepal has become the home and sanctuary for
over 20,000 Tibetans. The Tibetan community in Nepal lives
in peace and prosperity with a standard of living higher than
that of most native Nepalese. Tibetan culture and religion
have thrived and propagated in Nepal over the past four
decades, as demonstrated by the great increase in the number
of monasteries.

-- Since 1990, according to the Dalai Lama's office in Nepal,
the Government of Nepal has assisted over 28,000 undocumented
Tibetans transiting Nepal on their way to Dharamsala in
northern India. In violation of Nepal's immigration laws,
the GON has treated the transiting Tibetans with special
consideration in accordance with a gentleman's agreement with
UNHCR.

-- Recently, the Chinese Embassy in Kathmandu has increased
pressure on the GON to circumscribe the activities of
Tibetans and complicate the transit of Tibetans to India. As
a result of this pressure and despite vigorous complaints by
the Embassy and other international agencies, 18 Tibetans
were deported to China on May 31.

-- Since then, the Embassy repeatedly has raised the issue
with the Home Secretary, Foreign Secretary, Prime Minister
and King. The Prime Minister assured the Ambassador that GON
policy toward transiting Tibetans had not changed and that in
the future transiting Tibetans will be handed over, as
before, to UNHCR (Ref A). On June 30, King Gyanendra
apologized for the deportation and said the deportation was
an aberration that does not reflect official policy (Ref B).

-- Since the deportation, the GON has granted exit permits
for three busloads of 115 Tibetans to travel to India. On
June 29, the GON also released to UNHCR 19 Tibetans who had
been detained because they lacked documentation (Ref C).

-- Most significantly, the Dalai Lama's representative in
Nepal and Tibetan Prime Minister Samdhonje Rinpoche have
agreed that punitive legislation against Nepal is not in the
interests of the Tibetan community and not an objective of
the Dalai Lama's government-in-exile.

-- The withdrawal of U.S. assistance to Nepal, by taking
resources away from ordinary people and weakening the GON's
hand in dealing with Maoist insurgents, could have the
reverse affect of hurting the Tibetan community in Nepal.



3. -- BROADER U.S. INTERESTS --

-- Since 1951, over $700 million in U.S. development
assistance has made major contributions toward the
development of Nepal's infrastructure, health and legal
systems, as well as important steps in building institutions
for Nepal's fledgling democracy. Progress has been made in
decreasing child mortality and fertility rates and
substantial gains in literacy and food security.

-- The U.S. has helped and continues to help Nepal fight the
Maoist insurgency, which is a direct threat to the country's
young democracy. The Maoists continue to systematically
harass, extort from and abduct ordinary Nepalese despite a
cease-fire and code of conduct.

-- The GON cooperates with the U.S. on counter-narcotics.
With the growing incidence of Nepalese participating in
international drug trafficking, cooperation between the GON
and the U.S. Drug Enforcement Agency will becoming
increasingly important (Ref D).

-- The GON cooperates with the U.S. on counter-terrorism. In
March, the GON and U.S. signed an anti-terrorism agreement
committing the GON to work with the U.S. on fighting global
terrorism. Also, two Royal Nepal Army officers are now
visiting CENTCOM in Florida to discuss the deployment of
Nepalese soldiers to help U.S. peacekeeping operations in
Iraq.

-- The GON also cooperates with the U.S. in combating
trafficking in women and children. The 2002 U.S. Annual
Trafficking in Persons Report cited as a "best practice" the
progress the GON has made in stemming the illegal flow of
Nepalese women and children at the border crossings between
Nepal and India.

-- The GON also cooperates with the U.S. in removing the
worst forms of child labor. Within the first year, U.S.
programs in Nepal will have reached over 15,000 children at
risk and provided direct support to over 1,500 children
working in the garment industry, domestic service, as miners
and porters, enabling them to attend school.

-- The U.S. is also ramping up efforts to strengthen
anti-corruption efforts, enhance judicial administration and
increase access to justice for the poor and disenfranchised.


4. (C) Comment: In sum, the Embassy strongly believes that
punitive legislation against Nepal, cutting off security and
other valuable assistance because of the Tibetan issue would
undermine broader U.S. objectives in the region. Moreover,
the Tibetan leadership itself does not support legislation
that would cut U.S. assistance to Nepal. Post urges the
Department to convey these sentiments to the nine congressmen
as soon as possible. With continued assistance, the U.S. can
remain the most active and influential force working in Nepal
in defense of Tibetan political and human rights. End
Comment.
MALINOWSKI