A/S ROCCA AND NEPAL'S ACTING FOREIGN MINISTER

C O N F I D E N T I A L SECTION 01 OF 04 KATHMANDU 002470

SIPDIS

DEPT FOR SA/INS, LONDON FOR POL/GURNEY, NSC FOR MILLARD

E.O. 12958: DECL: 12/17/2013
TAGS: PREL PGOV PHUM PREF ETRD BH CH NP
SUBJECT: A/S ROCCA AND NEPAL'S ACTING FOREIGN MINISTER
DISCUSS ROAD MAP FOR THE FUTURE AND HUMAN RIGHTS

REF: (A) KATHMANDU 1805 (B) KATHMANDU 2432

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

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Summary
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1. (C) On December 16, Christina Rocca, Assistant Secretary
of State for South Asia met with Ambassador-at-large and de
facto Foreign Minister Bekh Bahadur Thapa and Foreign
Secretary Madhu Raman Acharya to discuss the Government of

SIPDIS
Nepal's plans for political reconciliation and elections,
human rights, and Bhutanese and Tibetan refugees. The
meeting also touched upon SAARC and prospects for a U.S.
garment bill. Nepal's possible contribution towards
peacekeeping in Iraq will be covered septel. Ambassador
Malinowski accompanied the Assistant Secretary to the
meeting. End Summary.

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GON Road Map on Political Reconciliation and Counter
Insurgency
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2. (C) Nepal's Ambassador-at-large and de facto Foreign
Minister Bekh Bahadur Thapa opened his meeting with Assistant
Secretary of State for South Asia, Christina Rocca, with a

SIPDIS
briefing on the Government of Nepal's road map for the
future. The government's objectives and challenges, he said,
are three fold: political reconciliation, improved governance
and countering the insurgency. To attain these objectives,
the government will seek to bring the political parties into
the government, hold elections, pursue social and economic
development programs and support Nepal's security forces to
defeat the Maoists.


3. (C) Bekh Thapa noted Prime Minister Surya Bahadur Thapa's
patience in dealing with the political parties' persistent
refusal to join the government. The Prime Minister continues
to "leave his door open" for the parties to form an all-party
government under his leadership. (Comment. The political
parties, on the other hand, argue that they will join a
government only under a prime minister of their choice or
under a restored Parliament. End Comment.) Thapa stressed
the need for the parties to join the government in order to
isolate the Maoists. He suggested that the parties would
join the current government if they sincerely were committed
to democracy.


4. (C) Despite the political parties' unwillingness to
participate, the government plans to bring the country back
onto a "constitutional track," he said. To do this, the
government plans on holding local elections in three phases
beginning with municipalities and then moving on to village-
and district-level elections and finally to national
elections. The GON's road map postulated that within 14
months all phases of elections would be complete and there
would be a sitting parliament. He noted that the
international community would be welcome to assist and
monitor the process to ensure elections are transparent and
fair. While security at the ballot box will certainly be
important, "the government can guarantee only a minimum level
of risk," he said. Once elections are conducted, the
government can move full swing into development and social
programs.


5. (C) According to Thapa, the government has shared its
plans with the political parties. He indicated that the
political parties have questioned the government's capacity
to hold elections in the current environment of insecurity
and political disunity. Thapa noted, however, that elections
have occurred in other places on the sub-continent under
similar conditions. He asked for the international community
to understand that the current government is trying to
protect democracy and safeguard the constitution. A/S Rocca
replied that the U.S. continues to support democracy, the
inclusion of the political parties in the current government
and elections.


6. (C) Compared with the outlook one year ago, Thapa averred
that the current forecast regarding the insurgency is much
more optimistic. The perception now, versus then, is that
the Maoists are not in a position to "take over" the
government. Thapa claimed that the Maoists' strongholds have
been scattered and they are "on the run." The next dialogue
with the Maoists will have to be driven by a sincere desire
for peace, he said. However, Thapa criticized former Prime
Minister Chand's government for releasing from prison nearly
1,800 "hard-core combatants." These combatants are now the
primary threat to GON security forces. They are using their
knowledge about individuals within the security forces to
inflict damage, Thapa said. (Note. Thapa could be referring
to the assassination attempts, one of which succeeded, on two
army Colonels on August 27. One was the chief interrogator
for Maoist prisoners. End Note.)


7. (C) Thapa indirectly complained of India's unwillingness
or inability to crack down on Maoist leaders, who allegedly
are residing in India. "It is difficult enough to fight them
within our borders, much less outside them," Thapa said. He
requested U.S. assistance in urging the Indians to act on
this issue. Thapa regards the U.S. as one of the main
pillars of support to Nepal on both the security and
political fronts. He mentioned the GON's need for increased
mobility within the army and improved border security.

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Human Rights
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8. (C) Thapa admitted that human rights abuses occur, but
affirmed the GON's commitment to investigating these cases
and upholding human rights. The GON is aware of its
responsibility to the people and has no intention of being
"high-handed," he said. Thapa suggested, however, that the
security forces are "new at handling insurgencies,
particularly one this ruthless." Thapa thanked the U.S. for
providing training, which he believed has helped educate GON
security forces on human rights. The National Human Rights
Commission (NHRC) has also assisted in bringing human rights
issues to the surface. The government has made the RNA aware
of the problem and asked them to be "more careful," he said.
Thapa intimated that the government is seeking to become more
transparent and accountable.


9. (C) Thapa suggested that the army and the insurgents
should not be compared with one another. By comparing the
army with the Maoists, who are regarded as terrorists, only
confusion and misunderstanding arise, he said. Thapa added
that the security forces should be seen as protectors, not
violators. Thapa believed that some incidents have become
magnified beyond all proportion and suggested that some NGOs
appear willing to accept Maoist brutality while exaggerating
government abuses. These NGOs, he said, pre-judge incidents
without waiting for a complete investigation.


10. (C) A/S Rocca assured Thapa that the U.S. does not equate
the RNA with the Maoists, but that, as the RNA represents the
government, it "must be cleaner than clean" and held to a
higher standard, she said. A/S Rocca argued that human
rights abuses will undermine GON objectives. On the other
hand, if people perceive that the government fairly
investigates human rights abuses and upholds human rights
principles, the GON will further its political and social
objectives. A/S Rocca stressed the importance to U.S.
military assistance programs of upholding human rights. A/S
Rocca cited specifically the need to hold those accountable
in the Ramechhap incident (reported ref A). Thapa replied
that it was wrong that the National Human Rights Commission
issued a statement before its investigation was complete.
Thapa noted that the government wants to avoid demoralizing
the security forces while at the same time remain
accountable. "Please bear with us during this difficult
period," he concluded.

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Bhutanese Refugees
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11. (C) Prior to meeting Ambassador Bekh Thapa, Foreign
Secretary Acharya briefed A/S Rocca on the Bhutanese refugee

SIPDIS
issue. Acharya noted that the Royal Government of Bhutan
(RGOB) has agreed to accept nearly 10,000 of the residents in
Khudunabari Camp for repatriation in February 2004. The RGOB
has already printed residency cards and papers for the
returnees, he said. Acharya admitted, however, that
conditions for return are "far from ideal" and that the first
group of returnees will be a "test case."

12. (C) Rocca asked about GON preparations for local
resettlement. Acharya replied that the government will have
to "do something" for Category III (non-Bhutanese) people who
are the only group not permitted to repatriate to Bhutan.
However, he noted that there are no provisions to keep
third-country citizens in Nepal since, effectively, they are
not refugees. Acharya explained that the GON continues to
claim that Category III refugees came from Bhutan, but merely
lacked the documentation to prove their residency status.
After the camps are consolidated and repatriation is
complete, the government will then look at the possibility of
resettlement, he said. Acharya also noted problems with
security in the camps now that there is no police presence.


13. (C) Ambassador Thapa later added that the RGOB continues
"to be stubborn" about third-party monitoring, but that "this
is as far as Nepal can go bilaterally." He believed that
pressure from the international community over the past
several months caused the RGOB to take a "closer look" at the
refugee issue. Bhutan's King, Prime Minister and Foreign
Minister, Thapa said, have all become more open-minded.
Thapa reiterated his earlier statement that a joint
Bhutan-Nepal team will look after the refugees' welfare. He
indicated that the recent visit of foreign diplomats to
Thimpu had resulted in more positive indications from the
RGOB (reported Ref B). But Thapa believes that this dialogue
needs to continue. Thapa did not believe that Bhutan's
current crack-down on rebel movements in southern Bhutan will
impact the refugees.

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Tibetan Refugees
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14. (C) Pointing to progress on the handling of Tibetan
refugees in Nepal, Secretary Acharya noted that there are no
Tibetans currently in prison in Nepal. Ambassador Thapa
suggested that the Tibetan issue was very sensitive and the
"less noise we make publicly, the easier" it will be to
process Tibetan refugees transiting Nepal for India. During
the last official visit from Beijing, he said, Chinese
rhetoric on the Tibetan issue was "extremely strong." Thapa
added that the GON cannot ignore its northern neighbor, who
claims that the Tibetans are illegal immigrants, not
refugees.

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South Asian Association for Regional Cooperation (SAARC)
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15. (C) Ambassador Thapa looked forward to the upcoming SAARC
Summit in Islamabad, noting that things have been going
smoothly since a meeting between the Indian and Pakistani
foreign ministers in New York during the U.N. General
Assembly. Rocca noted that she has high hopes for the future
of SAARC and attributed the shift to several factors,
including the Indian Prime Minister's willingness since April
to take the high road, the latest round of Indian elections,
Musharraf's call for a cease-fire, and the realization by
both sides that peace, not war, pays dividends. However,
impediments to progress remain, and a major terrorist attack
could undermine the progress, she said. Ambassador
Malinowski noted that India's approval to allow overflight
rights to flights between Nepal and Pakistan was a result of
the recent progress so far achieved between India and
Pakistan.

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U.S. Garment Bill
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16. (C) Secretary Acharya raised the need for the U.S.
Administration's support for a proposed garment bill. Noting
that textile concessions are always a contentious issue in
the United States, A/S Rocca admitted it could be difficult.
She told them that the Administration has not yet taken a
position on the bill.

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Comment
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17. (C) The GON's road map points the country in the right
direction, but lacks implementation details. The commitment
to holding elections over the next 12 months is commendable,
but it remains unclear how the government expects to foster a
proper environment for elections, free of Maoist intimidation
and with the full support and participation of the estranged
political parties. Likewise, the Prime Minister's attempts
to include the political parties in the government are
laudable, but seem to lack the impetus that only the King
could provide. On the social agenda, the government has made
positive steps, such as proposed changes for the inclusion of
women and dalits in public service. By addressing some of
the issues important to the Maoist platform, the government
may further undermine whatever support remains for the
insurgents' cause. On human rights, Ambassador Thapa said
that the government will be transparent and will hold
security forces accountable for abuses. We certainly expect
so. So far, none of the RNA's investigations into alleged
abuses (about 17 to date) have been released to the Nepali
public. Resource constraints and the recent, rapid expansion
of the army notwithstanding, the GON and Royal Nepal Army
must demonstrate a truly even-handed approach to punish
transgressions or they risk squandering the progress Thapa
claims the RNA has achieved in countering the insurgency.


18. (C) On the Bhutanese refugees, Acharya's assertion that
the RGOB has prepared residency permits for Khudunabari Camp
refugees is the first indication we have received that
logistic preparations to receive returnees are underway.
However, it was discouraging to hear that the GON will begin
discussions on local integration only after repatriation of
all six camps occurs. Post will continue to press the GON on
the need to plan for at least a smaller portion of the
refugees to stay in Nepal. End Comment.


19. (C) A/S Rocca has cleared this cable.
MALINOWSKI