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