NEPAL: CHINA PRESSURE BUT NEPALIS SAY REFUGEE

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000144

SIPDIS

E.O. 12958: DECL: 02/17/2019
TAGS: PREL PREF CH NP
SUBJECT: NEPAL: CHINA PRESSURE BUT NEPALIS SAY REFUGEE
POLICY HASN'T CHANGED

REF: NEW YORK TIMES 02/18/10 ARTICLE "CHINA
INTENSIFIES A TUG OF WAR WITH INDIA OVER
NEPAL"

Classified By: Charge d'Affaires, a.i., Donald A. Camp. Reasons 1.4 (b/
d).


1. (C) SUMMARY. Nepal's commitment to protecting Tibetan
refugees remains firm, despite Chinese pressure to increase
security on the China-Nepal border. During the Home
Minister's recent visit to China, Chinese officials pressed
the Minister to improve border communication and create a new
bilateral coordination mechanism. Although Nepal has
promised to build new police border posts, constructing such
posts is logistically complicated and expensive. UNHCR does
not believe the Chinese pressure has fundamentally altered
Nepal's policy on Tibetan refugees, noting that the number of
refugees crossing into Nepal in recent months has increased,
not decreased, and that Nepal continues to honor the
"gentlemen's agreement" to facilitate the transit of Tibetan
refugees to India. END SUMMARY.

Chinese Press Home Minister on Border
--------------

2. (C) During Home Minister Bhim Rawal's February 6-12 trip
to China, Chinese officials pressed Rawal to improve control
of the Nepal-China border. According to Ministry of Foreign
Affairs Joint Secretary Dhananjay Jha, who traveled with
Rawal, Chinese officials thanked Nepal for its crackdown on
anti-Chinese demonstrations in Kathmandu during 2008-2009.
As always, the Chinese asked Nepal to return "criminals"
picked up in Nepal, and discussed the need for an extradition
treaty (which the GON is not ready to sign).


3. (C) Chinese officials specifically asked Rawal to create a
system of direct communication between Chinese and Nepali
border posts, Jha said. The Nepal Armed Police Force (APF),
which is responsible for border security, has developed a
plan to build twenty new border posts near the Chinese
border. According to Jha and police sources, these proposed
border posts are in very remote Himalayan mountain areas,
with no roads or other infrastructure. It will take
substantial time and resources to construct the border posts
(if they are ever built),and the APF will have difficulty
staffing them. In the meantime, the APF has deployed
additional personnel to district headquarters, who conduct
occasional limited patrols on the border.


4. (C) The Chinese also requested the creation of a bilateral
Home Secretary-Home Secretary consultation mechanism, as
Nepal has with its "other neighbor" (i.e. India). According
to Jha, Minister Rawal agreed "in principle," with the
Foreign Ministry to work out the details over time --
suggesting that the GON is not overly enthusiastic about the
proposed mechanism and may stall on its creation.

No Change in Nepal's Commitment to Tibetan Protection
-------------- --------------

5. (C) Despite the Chinese pressure, Deputy PM and ForMin
Sujata Koirala assured Charge on February 18 that the
Government of Nepal remains committed to protecting Tibetan
refugees once they cross in Nepal and facilitating their
transit to India. While Nepal does not want to encourage
migration of Tibetans, Nepal "can't send them back" once they
enter Nepal, ForMin Koirala said. During UNHCR
Representative Jaquemet's initial meetings with the head of
the Nepal Police and Armed Police Force, both assured
Jaquemet that the "gentlemen's agreement," allowing for the
safe passage of Tibetans through Nepal to India, remained in
force.


6. (C) UNHCR officials told EmbOff on February 18 that the
Chinese pressure on Tibetan refugees is not new. In fact,
the "low point" in GON policy was in 2003-2005, when the
Kathmandu government actually refouled 18 Tibetans and

KATHMANDU 00000144 002 OF 002


stopped issuing exit permits. The recent announcements are
the "latest in a set of long-standing pressures to disrupt
and stop" the flow of Tibetans. The new border security
posts represent a new strategy to "militarize" the border to
scare people away, but UNHCR did not believe it would have a
major impact on the movement of Tibetans into Nepal. UNHCR
also noted that most of the Tibetans entering Nepal cross
through Kodhari (77 percent),which is already the
most-heavily-patrolled border zone. The GON is unlikely to
fundamentally change its policy on refugees, the UNHCR
official added, in part because it is well aware of the
international interest in this issue and the goodwill Nepal's
progressive policies generates.


7. (C) In 2009, the Tibetan Reception Center, which
facilitates the transit of Tibetans to India. This
represents a increase from 2008, when approximately 600
Tibetans arrived in Nepal, and suggests that it is easier --
not more difficult -- for Tibetans to cross in Nepal in
recent months, and contradicting ref New York Times article.
(Note: UNHCR and other experts believe that the low refugee
numbers in 2008 and early 2009 was largely a result of
Chinese restrictions on internal Tibetan travel, making it
difficult for potential refugees to reach the border. End
Note.)

China Concerned about Demonstrations During Shanghai Expo
-------------- --------------

8. (C) MFA's Jha told us that the Chinese had raised with the
visiting Home Minister their hope that Nepal will not allow
anti-China demonstrations during the Shanghai Expo (beginning
May 1). This reflects continuing concern about Tibetan
refugees taking advantage of China's high-profile
celebrations (i.e. 2008 Olympics and 2009's 60th anniversary
of the PRC) to highlight their plight.

Comment
--------------

9. (C) While Home Minister Rawal's visit was another occasion
for the Chinese to press Nepal to crack down on the flow of
Tibetan refugees, we do not believe the Nepalis will take the
extraordinary steps necessary to prevent their arrival and
transit to India. There may be some short-term decrease in
numbers, but the flow will continue. Post will continue to
stress the importance to us of Nepal's continuing its
existing policies. Charge will meet Home Minister next week
and has invited other concerned embassies to a Tibet core
group meeting to discuss the coordination of our efforts.
CAMP