US embassy cable - 05KATHMANDU2266

UNCLAS SECTION 01 OF 02 KATHMANDU 002266 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR SA/INS 
NSC FOR GREEN 
LONDON FOR POL: BELL 
 
E.O. 12958: N/A 
TAGS: PREF, PHUM, NP, Tibetan Refugees 
SUBJECT: UNHCR UPDATE ON TIBETANS IN NEPAL 
 
 
Summary 
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1. (SBU) On October 19, UNHCR informed us that they were 
seeking custody of two Tibetans currently being held by His 
Majesty's Government of Nepal (HMGN).  UNHCR was also 
monitoring the cases of five other Tibetan individuals in 
HMGN custody and could become involved in those cases later. 
End Summary. 
 
Case One: (UNHCR working to release) 
------------------------------------ 
 
2. (SBU) The Royal Nepalese Army arrested Mr. Norbu Tsering 
on or about September 22 in Syabru Besi, Rasuwa District. 
UNHCR had processed Tsering in 1999 as a new arrival and 
assisted his transit to India.  He had lived in India since 
that time and was on his way to Tibet to visit family when he 
was arrested by security forces.  He was transferred to the 
Department of Immigration (DOI) in Kathmandu and remains in 
detention on immigration violations.  Normally, this would 
not be a case for the UNHCR, as the individual was not acting 
as a refugee seeking asylum, but rather was returning to the 
place where he claimed he was persecuted.  UNHCR became 
involved only after determining that Tsering requested UNHCR 
assistance to go back to India as he feared persecution by 
Chinese authorities if he were forced to return to China by 
HMGN. As a result, UNHCR requested Tsering's release into 
UNHCR custody in order for him to be returned to India.  The 
Tibetan Refugee Reception Center (TRRC) staff told UNHCR that 
they had learned that DOI would release the individual to 
UNHCR.  However, to date, Tsering has not been released. 
When asked, DOI informed UNHCR that it had forwarded the case 
to the Home Ministry for consideration of release.  UNHCR was 
following up on the case. 
 
Case Two: (UNHCR working to release) 
------------------------------------ 
 
3. (SBU) The police arrested Mr. Sonam Tsering, on October 6 
in Soyambu, Kathmandu.  He was fined approximately 27,000 
rupees for immigration violations.  In lieu of paying his 
fine, he can work off the fine by staying in detention at the 
rate of 25 rupees a day, or more than three years.  He is 
being held in Dilli Bazaar jail.  As he is a new arrival, 
UNHCR submitted an intervention letter to DOI requesting his 
release for assistance in transit to India.  According to 
usual practice, DOI would, upon payment of the outstanding 
fine, release Tsering to the TRRC, which would assist his 
transit to India.  The usual practice is for TRRC to arrange 
for the fine to be paid, usually with donations from the 
local Tibetan community.  As an alternative, UNHCR could 
request waiver of visa fines, but each individual case must 
go through several Ministries and finally be confirmed by the 
Cabinet -- a process which takes many months.  Therefore, the 
Tibetan community has usually paid the fines, rather than 
keep the individual detained for many months.  UNHCR is 
following up on the case. 
 
Case Three: (UNHCR monitoring only) 
----------------------------------- 
 
4. (SBU) The police arrested Mr. Lobsang Jangmang, age 16 or 
19 (recorded age varies in records) on September 21 for 
disorderly conduct, along with two Nepali young men.  He was 
fined 900 rupees, and is currently held in the Central 
Kathmandu Jail.  He claimed he was a new arrival; however, he 
speaks Nepali.  UNHCR had not intervened to date as this was 
a criminal and not  transit protection matter. 
 
Case Four: (UNHCR monitoring only) 
----------------------------------- 
 
5. (SBU) UNHCR reported that District Police in Rasuwa were 
holding four Tibetans apprehended en route to Tibet from 
India.  UNHCR said it seemed likely that they would be 
transferred to DOI in Kathmandu, as in para 2, above.  UNHCR 
would become involved only if the individuals requested the 
assistance of UNHCR for transit back to India out of fear of 
forced return to China by the Government of Nepal.  UNHCR 
would then request release into UNHCR custody for assistance 
in transit to India. 
 
Comment 
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6. (SBU) UNHCR did not ask for Embassy assistance at this 
time, as they hoped any deviation from normal practice was 
due to the recent holiday and not a new government approach 
to refugees.  However, if the individuals were not released 
soon, UNHCR might ask for USG assistance to urge the 
government to release the Tibetans to UNHCR custody. 
MORIARTY