US embassy cable - 04KATHMANDU466

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000466 
 
SIPDIS 
 
DEPT FOR SA/INS, EAP/CM, PRM/ANE, G:MFRIEDRICH, 
LONDON FOR POL/GURNEY 
NSC FOR MILLARD 
BEIJING PLEASE PASS TO CHENGDU 
 
E.O. 12958: DECL: 03/17/2014 
TAGS: PREF, PREL, CVIS, CH, NP, Tibetan Refugees 
SUBJECT: NEPAL: GOVERNMENT OFFICIAL NONCOMMITTAL ON 
IMPROVING TIBETAN REFUGEE RECORD 
 
REF: KATHMANDU 350 
 
Classified By: DCM Robert K. Boggs for Reasons 1.5 (b,d). 
 
1. (C) Summary.  On March 15, DCM and PolOff called on Home 
Ministry Joint Secretary U.P. Mainali to discuss Tibetan 
refugee issues as raised reftel.  The DCM thanked Mainali for 
his effort in processing exit permits for Tibetans who were 
eligible for U.S. immigrant visas.  The DCM expressed concern 
that deportations of undocumented Tibetans continue near the 
Nepal-China border and suggested that border officials should 
be provided with written instructions on the appropriate 
treatment of Tibetan asylum seekers.  Moreover, the DCM urged 
Mainali to issue a letter to UNHCR detailing the procedures 
for handling Tibetans and authorizing UNHCR to determine 
their refugee status.  Mainali was noncommittal on both 
issues and claimed that the Government of Nepal continues to 
cooperate with UNHCR and the international community on 
Tibetan refugees, but prefers to do this on an informal 
basis.  He asserted that the occasional deportation occurs 
due to pressure on Nepali immigration officials by Chinese 
authorities at border posts.  End Summary. 
 
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Travel Documents for Tibetans Immigrating to the U.S. 
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2. (SBU) On March 15, DCM and PolOff met with Home Ministry 
Joint Secretary U.P. Mainali to discuss Tibetan refugee 
issues as raised reftel.  Mainali is also the National 
Coordinator for Refugees and the primary liaison on both 
Tibetan and Bhutanese refugee issues.  The DCM began the 
meeting by thanking the Joint Secretary for his efforts to 
obtain Cabinet approval for the issuance of exit permits and 
travel documents for 107 Tibetan refugees who were eligible 
to receive U.S. immigrant benefits.  He noted that 38 
individuals had thus far been issued the necessary papers 
allowing them to depart for the United States.  The DCM 
requested that the GON regularize the procedure so that 
Cabinet-level approval is not required each time a Tibetan 
refugee is eligible for U.S. immigrant benefits.  Mainali 
agreed to explore with more senior officials the possibility 
of adopting a more systematic approach for issuing travel 
documents to these individuals. 
 
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Continued Deportations: Pressure from Chinese 
--------------------------------------------- 
 
3. (SBU) The DCM then raised U.S. concerns over reports that 
undocumented Tibetans arrested near the Nepal-China border 
continue to be deported, particularly since deportees 
commonly are subject to mistreatment by Chinese officials. 
As reported by UNHCR officials who recently visited two 
border areas, the DCM commented that Nepali immigration and 
police officials in border areas are not aware of the 
Government of Nepal's (GON) refugee policy provided to the 
Embassy in writing in August 2003.  (Note.  The GON refugee 
policy supports the principle of non-refoulement and permits 
UNHCR access to all asylum seekers.  End Note.)  Recognizing 
earlier suggestions by Mainali that communication problems 
between Kathmandu and border officials might be the cause of 
the deportations, the DCM urged Mainali to issue instructions 
in writing informing all border officials of the GON refugee 
policy. 
 
4. (SBU) Mainali responded that the GON continues to 
cooperate with UNHCR the international community in the 
treatment of Tibetan asylum seekers.  He noted that the GON 
has issued over 30,000 exit permits to Tibetan refugees over 
the past 10 years.  Mainali asserted, however, that all 
Tibetans in Nepal are not asylum seekers.  He explained that 
the government has encountered problems with undocumented 
Tibetans entering Nepal from India, some of whom may have 
already transited Nepal from Tibet, seeking either to reside 
illegally in Nepal or to transit back to Tibet.  "In this 
case, they should not be considered refugees," he said. 
Indicating that his ministry preferred to implement its 
non-refoulement policy on an informal basis, Mainali would 
not commit to providing border officials with written 
instructions on the appropriate handling of undocumented 
Tibetans. 
5. (C) Mainali did not deny that deportations sometimes occur 
near the border.  He commented, however, that pressure on 
Nepali immigration officials by Chinese authorities was too 
strong, in some cases, to resist.  "When the Chinese see that 
we are holding Tibetans at a border post, they demand we turn 
them over," Mainali said.  Nepali officials sometimes make 
arrests in error, he acknowledged, because of confusion over 
the existing agreement between Nepal and China that allows 
inhabitants of border districts in both countries free 
movement in areas within 30 kilometers from the border. 
PolOff noted, however, that Nepali authorities should be able 
to distinguish between these "legal" Tibetans, who usually 
carry photo identification, and Tibetan asylum seekers, who 
typically leave identification cards behind for fear of 
arrest and persecution.  PolOff also suggested that since 
undocumented Tibetans are usually arrested at some point 
beyond the 30-kilometer limit, perhaps GON authorities could 
detain those Tibetans at outlying District Headquarters 
rather than near the border in order to keep them below the 
Chinese radar screen.  Mainali replied that this might be a 
possible solution. 
 
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UNHCR's Role Regarding Tibetans 
------------------------------- 
 
6. (C) The DCM also requested the GON formally to empower 
UNHCR with exclusive authority to determine undocumented 
Tibetans' refugee status.  He asserted that UNHCR has the 
unique expertise and training and would base its decisions on 
acceptable international standards concerning refugees. 
PolOff added that Senator Dianne Feinstein, in her July 2003 
letter to Prime Minister Thapa, had requested that the GON 
give a letter to UNHCR detailing the procedures for handling 
undocumented Tibetans.  Mainali responded noncommittally, but 
agreed to discuss this issue with the Home Secretary and 
Foreign Secretary. 
 
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Comment 
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7. (C) Mainali was distinctly uncomfortable with discussing 
Tibetan refugee issues.  This was the first time that Mainali 
explicitly has attributed periodic deportations to pressure 
from the Chinese Government.  Previously, Mainali has 
attempted to excuse these incidents as problems of 
miscommunication between Kathmandu and the remote border 
posts.  He clearly was not in a position to make decisions on 
issuing written instructions to border officials or to 
formalize arrangements with UNHCR.  Post will continue to 
raise this issue with GON officials as appropriate.  Nepal's 
local press reported on March 15 that the governments of 
Nepal and China will meet in Beijing on March 25-26 to 
negotiate a new "border protocol," last updated in 1988. 
According to the press article, the meeting will identify 
border problems and form a committee to resolve them. 
Considering the acute Chinese sensitivity regarding Tibetan 
refugees, Post suspects that this milestone is likely to 
focus on this issue.  This prospect probably reinforces the 
GON's reluctance to convey its non-refoulement policy in 
writing and thus reduce its flexibility in negotiating with 
the PRC.  End Comment. 
MALINOWSKI