NEPAL: MIXED RESULTS FROM THE 15TH JOINT

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 002075

SIPDIS

DEPT FOR SA/INS, PRM:MPITTOTI, LONDON FOR POL/GURNEY, NSC
FOR MILLARD

E.O. 12958: DECL: 10/24/2013
TAGS: PREF PREL NP BH
SUBJECT: NEPAL: MIXED RESULTS FROM THE 15TH JOINT
MINISTERIAL ON THE BHUTANESE REFUGEES


Classified By: Charge d'Affaires Robert K. Boggs for Reasons 1.5 (b,d).


1. (C) Summary. On October 24, Nepal's de facto Foreign
Minister, Bekh Bahadur Thapa, briefed the Charge on the
results of the 15th Nepal-Bhutan Joint Ministerial, which
concluded in Thimpu on October 23. Thapa generally was
positive about progress made at the meeting, noting an
increased flexibility on the part of the Bhutanese to discuss
real solutions to the refugee problem. At the Ministerial,
the Royal Government of Bhutan (RGOB) reportedly agreed to
receive Category I, II and IV refugees back to Bhutan, review
again Category III appeals, begin repatriation of
Khundunabari Camp residents in February 2004, and shortly
thereafter begin verification of a second camp. According to
Thapa, the two sides agreed unofficially that returning
refugees will be placed in temporary camps inside Bhutan,
that Bhutan's citizenship laws would be relaxed to accomodate
returnees, and that Category II refugees would be issued
residency permits, which will allow them access to social
services and job opportunities. However, because these
promises were not made official, some might question the
RGOB's sincerity, especially as the RGOB rejected the GON
proposal to allow third-party oversight over the repatriation
process. End Summary.


2. (C) On October 24, Ambassador-at-Large and de facto
Foreign Minister Bekh Bahadur Thapa invited the Charge
d'Affaires for a briefing on the results of the 15th Joint
Nepal-Bhutan Ministerial, which concluded in Thimpu on
October 23. Thapa had briefed the heads of the U.N. bodies
in Nepal on October 22 and was conducting one-on-one briefs
for selected diplomatic representatives today. Thapa's
general description of the Ministerial was positive. Both
sides were "inching forward to a solution," he said. Thapa
explained that there were certain factors leading to the 15th
Ministerial that he had feared would have a negative impact
on the meeting, such as UNHCR Lubber's remarks at the UNGA in
New York. He also had been concerned that the arrival of
Bhutanese human rights activist Tek Nath Rizal in Kathmandu
and his meetings with political parties just days before the
Thimpu meeting would politicize the issue within Nepal.


3. (C) On the other hand, Thapa explained, his meetings with
certain political party leaders who had been involved in
bilateral negotiations over the refugee issue and with
representatives of all seven Bhutanese refugee camps prior to
departing for Thimpu had a positive effect on the
Ministerial. Thapa also noted that, in his meeting with
Bhutanese Foreign Minister Wangchuk at the UNGA, he had made
it clear to the Bhutanese that Nepal's agenda at the 15th
Ministerial would reflect the concerns of the international
community. Thapa believed this had provided the RGOB with a
six-week window of opportunity to develop a more forthcoming
position. Thapa was pleased to see that Bhutan's five donor
governments, through their embassies in Thimpu, had also
exerted some influence on the RGOB not to delay repatriation
of the refugees. He concluded that all of these efforts
resulted in more flexibility and better results at the
Ministerial.


4. (C) Thapa then outlined the official results of the
Ministerial as follows:

-- The RGOB has committed to repatriate refugees in Category
I, II, and IV, who represent between 75 and 80 percent of the
population.

-- Category IV refugees who did not have current criminal
charges against them in Bhutan, e.g. innocent family members,
would be treated as if they were in Category II.

-- The Joint Verification Team will review appeals made by
Category III refugees and reach decisions in January 2004.

-- On February 14, 2004, the first truck of refugees will
depart Nepal for Bhutan.

-- Verification of Sanischare Camp will begin after the
Khundunabari Camp repatriation starts. Although it was not
decided officially, Thapa said that both governments had
noted the need to quickly complete verification of all the
camps, suggesting that within 2 years the process would be
completed.

-- Category II refugees will be allowed to apply for
citizenship after a two year probationary period.


5. (C) Thapa then outlined results of the meeting that were
not mentioned in the Joint Ministerial Press Release (copy
will be faxed to SA/INS) as follows:

-- The RGOB said the returnees will be held in temporary
camps until they can be moved to places where there are jobs
for them.

-- The RGOB promised verbally to relax citizenship laws
relating to the cultural qualifications of the returnees.
(Note. According to the Bhutan Citizenship Act of 1985, any
person applying for citizenship must be able "to speak, read
and write Dzongkha proficiently" and must have "good
knowledge of the culture, customs, traditions and history of
Bhutan." Additionally, the person must have resided in
Bhutan for 20 years, must have "good moral character" and
"must have no record of having spoken or acted against the
King, Country and People of Bhutan in any manner whatsoever."
End Note.)

-- The RGOB said it would issue temporary residency permits
to Category II refugees, which will allow them access to
medical and education services as well as the right to work.


6. (C) Thapa explained that he had also pressed the need for
third-party verification of conditions inside Bhutan.
However, the RGOB said it could not accept third-party
involvement. A rather vague notion that the Nepal-Bhutan
Joint Ministerial Committee would act as a watchdog over
conditions in Bhutan was agreed to instead. According to
Thapa, the RGOB asked the GON to trust them, admitted that
its image with the international community had been
tarnished, and expressed a desire to burnish that image.


7. (C) When asked about the refugees who decide not to
return, Thapa replied that all of those not willing to return
to Bhutan would be able to apply for Nepali citizenship.
However, he admitted that Nepal's citizenship laws are even
more restrictive than Bhutan's, implying that it is unlikely
any refugees would be granted citizenship. (Note. According
to Nepal's citizenship laws, any foreigner seeking Nepali
citizenship must reside in Nepal at least fifteen years
before they can apply. End Note.) Thapa suggested that
without Nepali citizenship, refugees who decide to stay would
be given asylum status and allowed to work in Nepal with full
access to social services. Thapa concluded the briefing with
an appeal to the international community to support the
results of the 15th Ministerial and to "give credit where
progress was made." He worried that the refugees would react
negatively to the results of the Ministerial, believing that
a negative reaction would hurt the repatriation process. The
Minister reacted positively to the Charge's recommendation
that the GON explain the restults of the recent ministerial
to the refugees, but made no commitments as to how or when
this might be done.


8. (C) Comment. The 15th Joint Ministerial appeared to yield
few new commitments by the RGOB. On the positive side, a new
timetable for repatriation was decided and the RGOB
officially agreed to accept all Category I, II and IV
refugees. However, the most significant achievements, such
as the issuance of residency permits for Category II
returnees, were not publicized, leaving some to question the
sincerity of the RGOB's promises. Of particular concern is
the continuted rejection of any third party involvement to
ensure that conditions in Bhutan are in accordance with
international norms and basic human rights. This may be
particularly important if, as the RGOB appears to have
indicated, some refugees end up in temporary camps inside
Bhutan. The plan for temporary camps appears also to reject
the refugees' demand that they be returned to their original
homes and towns from which they were expelled. Having said
that, the GON seems cognizant of these problems and ready to
continue this dialogue with the RGOB over coming months. End
Comment.


BOGGS