US embassy cable - 03KATHMANDU2075

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 002075 
 
SIPDIS 
 
DEPT FOR SA/INS, PRM:MPITTOTI, LONDON FOR POL/GURNEY, NSC 
FOR MILLARD 
 
E.O. 12958: DECL: 10/24/2013 
TAGS: PREF, PREL, NP, BH, Bhutanese Refugees 
SUBJECT: NEPAL: MIXED RESULTS FROM THE 15TH JOINT 
MINISTERIAL ON THE BHUTANESE REFUGEES 
 
 
Classified By: Charge d'Affaires Robert K. Boggs for Reasons 1.5 (b,d). 
 
1. (C) Summary.  On October 24, Nepal's de facto Foreign 
Minister, Bekh Bahadur Thapa, briefed the Charge on the 
results of the 15th Nepal-Bhutan Joint Ministerial, which 
concluded in Thimpu on October 23.  Thapa generally was 
positive about progress made at the meeting, noting an 
increased flexibility on the part of the Bhutanese to discuss 
real solutions to the refugee problem.  At the Ministerial, 
the Royal Government of Bhutan (RGOB) reportedly agreed to 
receive Category I, II and IV refugees back to Bhutan, review 
again Category III appeals, begin repatriation of 
Khundunabari Camp residents in February 2004, and shortly 
thereafter begin verification of a second camp.  According to 
Thapa, the two sides agreed unofficially that returning 
refugees will be placed in temporary camps inside Bhutan, 
that Bhutan's citizenship laws would be relaxed to accomodate 
returnees, and that Category II refugees would be issued 
residency permits, which will allow them access to social 
services and job opportunities.  However, because these 
promises were not made official, some might question the 
RGOB's sincerity, especially as the RGOB rejected the GON 
proposal to allow third-party oversight over the repatriation 
process.  End Summary. 
 
2. (C) On October 24, Ambassador-at-Large and de facto 
Foreign Minister Bekh Bahadur Thapa invited the Charge 
d'Affaires for a briefing on the results of the 15th Joint 
Nepal-Bhutan Ministerial, which concluded in Thimpu on 
October 23.   Thapa had briefed the heads of the U.N. bodies 
in Nepal on October 22 and was conducting one-on-one briefs 
for selected diplomatic representatives today.  Thapa's 
general description of the Ministerial was positive.  Both 
sides were "inching forward to a solution," he said.  Thapa 
explained that there were certain factors leading to the 15th 
Ministerial that he had feared would have a negative impact 
on the meeting, such as UNHCR Lubber's remarks at the UNGA in 
New York.  He also had been concerned that the arrival of 
Bhutanese human rights activist Tek Nath Rizal in Kathmandu 
and his meetings with political parties just days before the 
Thimpu meeting would politicize the issue within Nepal. 
 
3. (C) On the other hand, Thapa explained, his meetings with 
certain political party leaders who had been involved in 
bilateral negotiations over the refugee issue and with 
representatives of all seven Bhutanese refugee camps prior to 
departing for Thimpu had a positive effect on the 
Ministerial.  Thapa also noted that, in his meeting with 
Bhutanese Foreign Minister Wangchuk at the UNGA, he had made 
it clear to the Bhutanese that Nepal's agenda at the 15th 
Ministerial would reflect the concerns of the international 
community.  Thapa believed this had provided the RGOB with a 
six-week window of opportunity to develop a more forthcoming 
position.  Thapa was pleased to see that Bhutan's five donor 
governments, through their embassies in Thimpu, had also 
exerted some influence on the RGOB not to delay repatriation 
of the refugees.  He concluded that all of these efforts 
resulted in more flexibility and better results at the 
Ministerial. 
 
4. (C) Thapa then outlined the official results of the 
Ministerial as follows: 
 
-- The RGOB has committed to repatriate refugees in Category 
I, II, and IV, who represent between 75 and 80 percent of the 
population. 
 
-- Category IV refugees who did not have current criminal 
charges against them in Bhutan, e.g. innocent family members, 
would be treated as if they were in Category II. 
 
-- The Joint Verification Team will review appeals made by 
Category III refugees and reach decisions in January 2004. 
 
-- On February 14, 2004, the first truck of refugees will 
depart Nepal for Bhutan. 
 
-- Verification of Sanischare Camp will begin after the 
Khundunabari Camp repatriation starts. Although it was not 
decided officially, Thapa said that both governments had 
noted the need to quickly complete verification of all the 
camps, suggesting that within 2 years the process would be 
completed. 
 
-- Category II refugees will be allowed to apply for 
citizenship after a two year probationary period. 
 
5. (C) Thapa then outlined results of the meeting that were 
not mentioned in the Joint Ministerial Press Release (copy 
will be faxed to SA/INS) as follows: 
 
-- The RGOB said the returnees will be held in temporary 
camps until they can be moved to places where there are jobs 
for them. 
 
-- The RGOB promised verbally to relax citizenship laws 
relating to the cultural qualifications of the returnees. 
(Note.  According to the Bhutan Citizenship Act of 1985, any 
person applying for citizenship must be able "to speak, read 
and write Dzongkha proficiently" and must have "good 
knowledge of the culture, customs, traditions and history of 
Bhutan."  Additionally, the person must have resided in 
Bhutan for 20 years, must have "good moral character" and 
"must have no record of having spoken or acted against the 
King, Country and People of Bhutan in any manner whatsoever." 
 End Note.) 
 
-- The RGOB said it would issue temporary residency permits 
to Category II refugees, which will allow them access to 
medical and education services as well as the right to work. 
 
6. (C) Thapa explained that he had also pressed the need for 
third-party verification of conditions inside Bhutan. 
However, the RGOB said it could not accept third-party 
involvement.  A rather vague notion that the Nepal-Bhutan 
Joint Ministerial Committee would act as a watchdog over 
conditions in Bhutan was agreed to instead.  According to 
Thapa, the RGOB asked the GON to trust them, admitted that 
its image with the international community had been 
tarnished, and expressed a desire to burnish that image. 
 
7. (C) When asked about the refugees who decide not to 
return, Thapa replied that all of those not willing to return 
to Bhutan would be able to apply for Nepali citizenship. 
However, he admitted that Nepal's citizenship laws are even 
more restrictive than Bhutan's, implying that it is unlikely 
any refugees would be granted citizenship.  (Note.  According 
to Nepal's citizenship laws, any foreigner seeking Nepali 
citizenship must reside in Nepal at least fifteen years 
before they can apply.  End Note.)  Thapa suggested that 
without Nepali citizenship, refugees who decide to stay would 
be given asylum status and allowed to work in Nepal with full 
access to social services.  Thapa concluded the briefing with 
an appeal to the international community to support the 
results of the 15th Ministerial and to "give credit where 
progress was made."  He worried that the refugees would react 
negatively to the results of the Ministerial, believing that 
a negative reaction would hurt the repatriation process.  The 
Minister reacted positively to the Charge's recommendation 
that the GON explain the restults of the recent ministerial 
to the refugees, but made no commitments as to how or when 
this might be done. 
 
8. (C) Comment.  The 15th Joint Ministerial appeared to yield 
few new commitments by the RGOB.  On the positive side, a new 
timetable for repatriation was decided and the RGOB 
officially agreed to accept all Category I, II and IV 
refugees.  However, the most significant achievements, such 
as the issuance of residency permits for Category II 
returnees, were not publicized, leaving some to question the 
sincerity of the RGOB's promises.  Of particular concern is 
the continuted rejection of any third party involvement to 
ensure that conditions in Bhutan are in accordance with 
international norms and basic human rights.  This may be 
particularly important if, as the RGOB appears to have 
indicated, some refugees end up in temporary camps inside 
Bhutan.  The plan for temporary camps appears also to reject 
the refugees' demand that they be returned to their original 
homes and towns from which they were expelled.  Having said 
that, the GON seems cognizant of these problems and ready to 
continue this dialogue with the RGOB over coming months.  End 
Comment. 
 
 
BOGGS