Identifier
Created
Classification
Origin
03KATHMANDU565
2003-03-28 10:56:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:  

NEPAL'S FOREIGN SECRETARY REPORTS BILATERAL

Tags:  PREF PREL PHUM NP BT 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000565 

SIPDIS

STATE FOR SA/INS
LONDON FOR POL - GURNEY
GENEVA FOR THOMAS-GREENFIELD

E.O. 12958: DECL: 03/27/2013
TAGS: PREF PREL PHUM NP BT
SUBJECT: NEPAL'S FOREIGN SECRETARY REPORTS BILATERAL
AGREEMENT ON BHUTANESE REFUGEES

REF: A. (A) KATHMANDU 0228

B. (B0 KATHMANDU 0287

C. (C) NEW DELHI 1470

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

-------
SUMMARY
--------

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000565

SIPDIS

STATE FOR SA/INS
LONDON FOR POL - GURNEY
GENEVA FOR THOMAS-GREENFIELD

E.O. 12958: DECL: 03/27/2013
TAGS: PREF PREL PHUM NP BT
SUBJECT: NEPAL'S FOREIGN SECRETARY REPORTS BILATERAL
AGREEMENT ON BHUTANESE REFUGEES

REF: A. (A) KATHMANDU 0228

B. (B0 KATHMANDU 0287

C. (C) NEW DELHI 1470

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

--------------
SUMMARY
--------------


1. (C) Foreign Secretary Madhu Raman Acharya told the
Ambassador and DCM on March 28 that the Governments of Nepal
and Bhutan have reached agreement on a formula for the
repatriation or resettlement of an initial tranche of 12,000
Bhutanese refugees living in eastern Nepal. Under the
agreement, more than half of the refugees will be repatriated
to Bhutan and offered a chance to reapply for citizenship,
while one-third will be offered the option of remaining in
Nepal and applying for Nepali citizenship. Acharya admitted
that many important modalities of the agreement remain to be
worked out and said that the Government of Nepal (GON) is
relying to a large degree on Bhutan's "good faith" for
implementation. He asked friendly foreign governments to
maintain pressure on Bhutan to ensure it fulfills its
commitments under the agreement. End summary.

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MINISTERIAL YIELDS RESULTS
--------------


2. (C) On March 28 Foreign Secretary Madhu Raman Acharya
provided the Ambassador and DCM with a confidential briefing
on the outcome of the ministerial meeting that began March 24
in Thimpu. (Note: Acharya said he had briefed the Indian
Ambassador the previous day.) The two governments have
reached agreement on the eligibilty of an initial batch of
12,000 Bhutanese refugees (out of a total 100,000) for
repatriation to Bhutan, Acharya reported. (Note: The two
governments had previously agreed to classify the refugees
according to four categories: those forcibly evicted from
Bhutan; those who left voluntarily; non-Bhutanese; and
criminals. Bhutan had agreed to accept back all those who
had been forcibly evicted from Bhutan. Disagreement
persisted, however, over the kind of evidence needed to
establish forcible eviction. End note.) The Government of
Nepal (GON),in order to spare Bhutan the embarrassment of
acknowledging that most of the refugees interviewed so far

would qualify as having been forcibly evicted, agreed to
apply only the strictest standards of evidence (i.e.,
official GOB documents ordering individuals to leave the
country) for inclusion in the first category. In return,
however, the GOB agreed to accept those who left Bhutan
"voluntarily" for repatriation, with the proviso that they
must reapply for Bhutanese citizenship after they return.
Significantly, the Bhutanese pledged in writing to provide
undefined "means of livelihood" to the returning refugees.


3. (C) Of the 12,000 Bhutanese refugees interviewed for
categorization in December 2001, Acharya said the two
governments agreed that only .50 percent will qualify as
members of Category I (those forcibly evicted). On the other
hand, 66.5 percent will qualify as members of Category II
(those who left voluntarily) and will thus be eligible for
repatriation, if desired, to Bhutan. Members of Category III
(non-Bhutanese) will comprise 30.5 percent and will be
offered the option of applying for Nepali citizenship and
resettling in Nepal. Criminals will constitue the remaining
2.5 percent. The GOB stipulated that it will not accept any
"political" criminals for repatriation (which, we understand
from refugee groups, means virtually everyone in this
category). Acharya did not specify whether the GON had
agreed to allow members of the fourth category to apply for
citizenship. He added that GOB and GON representatives would
travel to the refugee camp in eastern Nepal to advise the
residents of the results of the categorization exercise and
to distribute applications for Bhutanese citizenship to those
who qualify for repatriation. Those not accepted for
repatriation will be allowed to appeal the determination,
Acharya said. (Note: Acharya did not/not mention possible
resettlement in the U.S. as an option for members of any
category. End note.)


4. (C) Another ministerial will be held on May 11 in
Kathmandu to validate formally the categorization results,
Acharya said. Thereafter, the same procedure used for
categorization in this initial tranche will be replicated in
the remaining camps, Acharya said. Left unresolved, he
cautioned, is the role of the UNHCR in
resettlement/repatriation. The GON has no problem with UNHCR
involvement, he stressed, and expects its support in
resettlement activities within Nepal, but the GOB does not
want the UNHCR involved in repatriation. Acharya added that
he suspects Bhutan will seek foreign funding to help defray
repatriation costs, but would not welcome foreigners'
involvement in actual repatriation efforts.

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RELYING ON BHUTAN'S "GOOD FAITH"
--------------


5. (C) The DCM and Ambassador both welcomed the progress.
The DCM noted that many unresolved questions remain, however,
a point Acharya readily acknowledged. If, for example, the
initial batch of returnees to Bhutan is treated poorly, the
DCM suggested, word will certainly filter back to the camps,
thereby possibly discouraging the remaining refugees'
decisions from applying for repatriation. Acharya agreed,
adding that the GON was relying to a large degree on the
"good faith" of the GOB that the agreement will be implemened
as envisioned. He noted that the Bhutanese King had assured
the Nepali delegation to the recent ministerial in Thimpu
that the agreement has his full support and that he expects
the first camp to be emptied by the end of 2003.
Nonetheless, Acharya said, the GON is counting on friendly
nations to maintain pressure on the GOB to fulfill its
commitments as agreed. Indian National Security Advisor
Brajesh Mishra is traveling to Thimpu soon, Acharya added, to
give the Bhutanese "a little push" in the right direction.

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COMMENT
--------------


6. (C) After such a long hiatus, the two governments' final
agreement on the nettlesome question of categorization is
indeed welcome. Besides the matter of the UNHCR's role, many
important (and potentially divisive) questions remain,
however, such as where in Bhutan the refugees will be
resettled and what will happen to repatriated refugees if the
GOB denies them citizenship. Like the GON, we believe it
crucial that the international community, especially those
with strong regional ties (like India) or a significant aid
program (like the EU) maintain pressure on the GOB to ensure
the agreement is properly implemented.
MALINOWSKI