US embassy cable - 03KATHMANDU2319

UNCLAS KATHMANDU 002319 
 
SIPDIS 
 
DEPT FOR SA/INS, PRM; LONDON FOR POL/GURNEY; NSC FOR MILLARD 
 
E.O. 12958: N/A 
TAGS: PREF, CH, NP, Tibetan Refugees 
SUBJECT: RECENT DEVELOPMENTS ON TIBETAN REFUGEES 
 
REF: A. (A) 01 KATHMANDU 1768 
 
     B. (B) 02 KATHMANDU 1659 
 
1. Summary.  On November 24, the Government of Nepal (GON) 
released nine Tibetans who had been in prison since 2001 
after their fines were paid by a foreign benefactor.  The 
group is expected to depart for India the evening of November 
26.  Separately, after repeated demarches to the Ministries 
of Home and Foreign Affairs, we have secured agreement by the 
GON to issue travel documents to 80 Tibetans who have 
qualified for U.S. immigrant visas.  However, lack of 
transparency and bureaucratic obstacles continue to delay the 
issuance of the documents.  End Summary. 
 
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NEPAL RELEASES NINE IMPRISONED TIBETANS 
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2. On November 24, Nepal's Department of Immigration cleared 
the charges faced by nine Tibetans who were imprisoned, along 
with two others, in 2001 on immigration violations (ref A). 
According to the Dalai Lama's representative in Nepal, 
Wangchuk Tsering, a foreign benefactor paid fines of NRs 1.7 
million (roughly USD 23,000) to the Government of Nepal (GON) 
in order to obtain their release.  There are no other 
Tibetans in prison in Nepal at this time.  Of the original 
eleven Tibetans arrested in 2001, one was released for 
medical reasons and another mother and her baby were released 
in 2002 after a German benefactor paid their fines (ref B). 
 
3.  Tsering also reported that UNHCR has obtained exit 
permits from the GON for the group to travel to Dharamsala, 
India.  He expects they will depart the evening of November 
26 for the bus ride to New Delhi. 
 
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Nepal Issues Travel Documents to Tibetans for U.S. Immigration 
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4. After repeated demarches to the Ministry of Foreign 
Affairs and the Home Ministry, Post has finally obtained 
agreement from the GON that it will issue travel documents to 
80 Tibetans who have qualified for immigrant visas to the 
United States.  However, lack of transparency and problems 
with individual cases continue to plague the process. 
Although the Embassy has delivered 30 individual files to the 
Home Ministry for processing, none have received travel 
documents from the GON so far.  Delay continues to separate 
families, some of them for years. 
 
5. Because of the ambiguous legal status of Tibetans in 
Nepal, the decision to issue them travel documents had to 
come from the full Cabinet, with Prime Ministerial approval. 
Unfortunately, the Cabinet agreed to issue travel documents 
only to this particular group.  Therefore, future immigrant 
visa cases involving Tibetans will also require Cabinet 
approval.  Once we resolve these cases, Post will seek a more 
permanent and regularized solution to the Tibetan travel 
document problem. 
 
 
 
 
MALINOWSKI