GOVERNMENT RESTRICTS TIBETAN REFUGEE MOVEMENT

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 002633 SIPDIS SIPDIS DEPT FOR SA/INS, PRM NSC FOR RICHELSOPH E.O. 12958: DECL: 11/29/2015 TAGS: PGOV PHUM PREF NP SUBJECT: GOVERNMENT RESTRICTS TIBETAN REFUGEE MOVEMENT Classified By: Charge Elisabeth Millard. Reasons 1.4 (b/d). Summary -------------- ¶1. (C) Two separate recent incidents cause concern that His Majesty's Government of Nepal (HMGN) may be restricting normal transit of Tibetan refugees. In both cases, HMGN has cited the need to investigate a November 17 incident when police apprehended 43 Tibetans transiting Nepal without documentation. The Nepal office of the United Nations High Commissioner for Refugees (UNHCR) found none of these 43 Tibetans were "of concern." On November 24, UNHCR reported that HMGN did not issue exit permits for 53 Tibetan processed refugees transiting from the Tibetan Reception Center (TRC) to India. This brought the number of refugees at the TRC to 930, a new record high. On November 28, UNHCR reported that police arrested and fined 18 other Tibetan refugees and refused to hand them over to UNHCR. The police claimed that the group of 18 were trying to enter India without proper documentation. UNHCR was interviewing the group of 18; preliminary interviews showed that this group was "of concern" to UNHCR for protection reasons. End Summary. Government Halts Issuance Of Exit Permits -------------- ¶2. (C) UNHCR reported that HMGN did not issue exit permits for 53 Tibetan refugees departing in the weekly busload from TRC to India on November 24. HMGN told UNHCR that the government needed time to investigate a November 17 incident in which a routine traffic stop, Kathmandu police found a bus full of 43 individuals without identity documents. The passengers appeared to be Tibetan. Not knowing what to do, the police held the Tibetans on the bus overnight until the Department of Immigration office opened, on the grounds that they had no documents. On November 18, following HMGN policy to turn over new Tibetan arrivals to UNHCR protective custody for processing, the police handed over 42 Tibetans to UNHCR on November 18. (One Tibetan escaped during the night.) ¶3. (C) UNHCR reviewed each of the 42 cases at the Tibetan Reception Center (TRC) and found that despite their assertion to the Nepali police the previous day that they had no documents, 29 held valid Chinese passports with Nepalese visas; 7 held various forms of Indian identification (Refugee cards, drivers license); and 5 had Nepalese documents. All 42 individuals left the TRC after initial registration with UNHCR, acknowledging that departure from TRC indicated that they neither sought nor were eligible for UNHCR protection or assistance. They also stated their understanding that UNHCR would not assist them if they were to be arrested in Nepal in the future. On the basis of their statements and failure to complete TRC's verification and exit clearance procedures, UNHCR considered the 42 individuals "not of concern." In the interviews, the Tibetans told UNHCR protection officers that they were traveling to India to participate in the Dalai Lama's teaching, but did not want to have Indian stamps in their passports for fear of reprisal by Chinese authorities. Therefore, they had traveled to Nepal legally, had hired a bus, and planned to cross illegally into India across the open border for the teaching. 18 Tibetans Arrested and Fined -------------- ¶4. (C) On November 28, police, with Department of Immigration concurrence, arrested 18 Tibetans for traveling without proper documentation. The government fined each Tibetan over 8,000 rupees (115 USD) or sentenced each to 11 months and 10 days in prison if unable to pay the fine. UNHCR interviewed each of the 18 Tibetans, and, while further processing was needed, told Emboff that they believed it was likely that the 18 people were on their way to TRC to seek UNHCR protection and assistance. UNHCR was treating all 18 as "persons of concern." UNHCR said it would request that the government waive the fines, but, as that was a lengthy process, it was likely that private donors through TRC would pay the fines to release the Tibetans to UNHCR in a timely manner. TRC Population KATHMANDU 00002633 002 OF 002 -------------- ¶5. (U) UNHCR reported that November 2005 had the largest number ever of new arrivals to the Tibetan Reception Center, with 746 new arrivals as of November 28. It speculated that the increase in arrivals was due to Tibetans' desire to go to India for the Dalai Lama's teachings. Previously, the highest monthly arrival total at TRC was 642, in December 1990. The current population of TRC was 930. Due to the lengthy processing times, UNHCR expected to see the numbers of new arrivals decreasing, as anyone arriving now would not be processed in time to arrive in India for the Dalai Lama's January teachings. UNHCR Appeals to HMGN and Indian Embassy -------------- ¶6. (C) UNHCR sent a letter appealing to HMGN to issue travel documents to TRC-processed refugees despite the ongoing investigation. UNHCR also sent a letter to the Indian Embassy asking for expedited processing of documents due to severe overcrowding at TRC. The Indian Embassy routinely processes 15 Tibetan refugees a day, but has increased the number in the past when requested by UNHCR. This would allow UNHCR to send two buses a week from the TRC to India. Comment -------------- ¶7. (C) The Embassy will also press HMGN to issue exit permits to processed refugees to ease the severe overcrowding at TRC. MILLARD