NEPAL'S FORESTS MINISTER CONFIRMS BAN ON RHESUS

UNCLAS KATHMANDU 000058

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: ETRD SENV TBIO PGOV NP
SUBJECT: NEPAL'S FORESTS MINISTER CONFIRMS BAN ON RHESUS
MONKEY EXPORTS

Summary
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1. (U) Minister of Forests and Soil Conservation Deepak
Bohara has confirmed he ruled current Nepali law prohibits
the export of rhesus monkeys, both wild and captive-born.
The decision, made public in late August 2009, prevents the
National Biomedical Research Center (NBRC) from fulfilling
its agreement to provide rhesus monkeys to the Texas-based
Southwest Foundation for Biomedical Research. According to
Minister Bohara, the NBRC could ask either the Supreme Court
or the Prime Minister to overturn his ruling, but the latter
is unlikely to do so because of widespread public opposition
to the export of monkeys. He said that he has received about
10,000 letters in support of the ruling, most of which came
from U.S. citizens.

Ruling Made to Clarify "Very Confusing" Law and Policies
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2. (U) On January 22, Emboffs met with Minister of Forests
and Soil Conservation Deepak Bohara to determine whether the
Government of Nepal (GON) has banned the export of rhesus
monkeys for research purposes and, if so, what is the extent
of the ban. It was widely reported last August that the
Ministry of Forests and Soil Conservation had ruled rhesus
monkeys could not be exported. However, the Southwest
Foundation for Biomedical Research (SFBR) has maintained
these reports were inaccurate and the GON was still open to
possibility of exporting captive-born monkeys. The SFBR had
received a grant from the U.S. National Institutes of Health
to fund the breeding of rhesus monkeys, which was being
carried out by the Lalitpur-based National Biomedical
Research Center (NBRC).


3. (U) According to Bohara, officials from NBRC asked him to
make a definitive ruling as to whether the export of rhesus
monkeys was permissible under Nepal's Wildlife Reproductive
and Breeding Policy Act. He acknowledged that the 2003 law
and the policy promulgated to enact it are "very confusing."
Even so, Bohara said he eventually ruled "there is no such
mandate in the legislation" permitting the export of rhesus
monkeys, either wild and captive-born. He pointed out that
the law does allow the export of monkey saliva, hair and
blood samples for research purposes.


4. (U) Bohara said claims that government officials, at the
time of the enactment of the Wildlife Reproductive and
Breeding Policy Act, indicated they would permit the export
of captive-bred monkeys are accurate. However, he noted,
"The times have changed and the regime has changed. ...The
people who promised them aren't here." He added NBRC
produced "no paper document that clearly said, 'After
breeding, you can export them.'"

Ruling Can Be Appealed
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5. (U) NBRC has two options if it wants to pursue the export
of rhesus monkeys, according to Bohara. It can ask either
the Supreme Court or the Prime Minister to overturn his
ruling. He speculated that the PM, who would need the
Cabinet's consent, is unlikely to overturn the ruling because
of "tremendous public pressure" in favor of the export
prohibition. "The only institution where the outcry would be
less is the courts," Bohara added.


6. (U) The Minister said he has so far received about 10,000
letters in support of his ruling, including one from
world-famous primatologist Jane Goodall. Most of the letters,
he noted, were written by U.S. citizens. Bohara proudly
noted he recently saw a photograph on-line from a protest in
Peru, where monkey exports are legal, in which one protester
held a sign encouraging government officials to be "brave
like Nepal."

Monkeys Being Returned to the Wild
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7. (U) In his ruling, Bohara ordered NBRC to release all of
its rhesus monkeys, including captive-born. He said that of
the 200 wild monkeys originally captured for breeding, 36
have already been rehabilitated and released into the wild.
The Department of Wildlife is working with non-governmental
organizations to rehabilitate and release the remaining
monkeys, which include about 100 born in captivity.



8. (U) NBRC officials have been offered a full refund of the
Rs.5 million (about USD 69,000) they paid the GON to capture
the 200 breeding monkeys. The goverment has released the
money, but, so far, NBRC officials have refused to accept it,
according to Bohara.
ORDWAY