US embassy cable - 02KATHMANDU2287

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 002287 
 
SIPDIS 
 
GENEVA FOR RMA 
ROME FOR USMISSION 
LONDON FOR POL/REIDEL 
 
E.O. 12958: DECL: 12/02/2003 
TAGS: PREF, PREL, EAID, AORC, PHUM, NP, Bhutanese Refugees 
SUBJECT: NEPAL-BHUTAN: UNHCR DIRECTOR CALLS FOR SOLUTION TO 
 
REFUGEE ISSUE 
 
REF: A. GENEVA 4707 
     B. GENEVA 4652 
     C. KATHMANDU 2207 
 
1. (C) Summary: In November 26 meeting with donor 
representatives, Director of UNHCR's Bureau for Asia and the 
Pacific Jean-Marie Fakhouri attributed at least part of the 
blame for the recent sexual exploitation scandal (refs) to a 
complacent attitude among local UNHCR representatives, and 
promised to address what he views as a lack of proper contact 
between the refugee camps and UNHCR.  Fakhouri also stated 
that bilateral efforts to resolve the problem of resettling 
the refugees have been exhausted, and that UNHCR is exploring 
the possibility of a multilateral solution by 2003. End 
summary. 
 
REFUGEE SEX SCANDAL: 
THE ROAD WAS PAVED WITH GOOD INTENTIONS 
---------------------------------------- 
 
2. (C) In a November 26 meeting with donor reps, UNHCR 
Director for Asia and the Pacific Jean-Marie Fakhouri 
acknowledged that at least part of the responsibility for the 
eighteen cases of sexual exploitation recently exposed in the 
Bhutanese refugee camps of eastern Nepal (refs) rests on the 
shoulders of UNHCR officials, but that the situation which 
allowed the cases to go unnoticed was created with the best 
of intentions.  In the "model camps" set up in Nepal, UNHCR 
representatives empowered refugees to manage their own 
affairs, and monitored the camps through a filter of NGOs, 
which hired refugees to fill many of their staff positions 
for education, health and other programs within the confines 
of the camps.  The system was held up as an example to be 
emulated by other UNHCR projects around the world. 
 
3. (C) Unfortunately, according to Fakhouri, the system was 
so successful that UNHCR representatives distanced themselves 
too far from direct administration.  When allegations of 
sexual misconduct began to surface, they failed to take 
action, he said, characterizing the local representatives as 
having "put their feet up on their desks, leaned back in 
their chairs and said: the NGOs are managing it, all will be 
well."  Camp committees were unable or unwilling to take 
action, however, possibly due to reluctance to admit the 
problem.  Even now, said Fakhouri, one camp committee 
insisted to him no abuse had taken place in their own camp. 
At the same time, psychologists sent by UNHCR were 
interviewing victims just outside the meeting hall. 
 
4. (C) Fakhouri used his explanation not as an excuse for 
inaction nor as a condemnation of the "model camps."  On the 
contrary, he claimed that at least one camp committee had 
made UNHCR-Nepal aware of complaints as early as July 2001, 
and that the lack of follow-up by local representatives was 
under close scrutiny in Geneva.  "From everything I've 
heard," he admitted, "the goal (of empowering the refugees) 
was reached.  We have no intention of stripping the camp 
committees of their authority.  But we intend to make sure 
that there is better structure, guidance and monitoring. We 
must regain the contact that we seem to have lost."  He 
indicated that UNHCR plans to send a contingent of volunteers 
to increase its presence in the camps, and is already 
implementing an awareness campaign so that residents of the 
camps are aware of their rights and the system by which they 
can report complaints directly to UNHCR. 
 
NEPAL MUST TAKE RESPONSIBILITY 
------------------------------- 
 
5. (C)  Fakhouri came to Nepal for meetings with Government 
officials to emphasize their responsibility for the security 
of refugees on their soil.  Though pleased with the 
cooperation he has received thus far from police and Chief 
District Office officials in terms of investigating and 
prosecuting the known cases of sexual abuse, Fakhouri was 
unimpressed with the anemic police presence in the 
camps--five officers and one sub-inspector are assigned to 
each camp of fifteen to twenty thousand refugees and leave 
the camps at night.  Claiming that most GON civil service 
posts with responsibility for the camps are vacant, Fakhouri 
accused Nepalese authorities of having "disengaged" from the 
issue and of having made no real attempt to manage the 
refugees. 
 
BILATERAL POSSIBILITIES "EXHAUSTED" 
------------------------------------ 
 
6. (C)  In the same vein, Fakhouri said that "bilateralism 
has exhausted all of its possibilities," and related that 
ambassadors from countries friendly to Bhutan were already 
engaged in discussions in Geneva in search of an expeditious 
multilateral solution. "This has dragged on too long," he 
said. "Something has to be done soon, and by that I mean that 
we need to develop and present something by 2003."  Stating 
that it is unrealistic to expect that all 100,000 refugees 
will go back to Bhutan or that all 100,000 will be accepted 
for resettlement in Nepal, he suggested the need for a 
burden-sharing package between the two countries, perhaps 
brokered by neighbors or friendly countries with an interest 
in helping the refugees return to Bhutan or be integrated 
into Nepal.  He hinted that a "token resettlement to a third 
country" would be an attractive option at some point in the 
process to demonstrate good will by outside parties, but that 
the preferable solution would be first to try to reach an 
agreement between the two major protagonists. 
 
7. (C) Comment: It is clear from Fakhouri's briefing that 
UNHCR is doing its utmost to be transparent and honest about 
the recent allegations of abuse, to admit that mistakes were 
made, and draw useful lessons from the unfortunate events. 
Also encouraging is apparent UNHCR interest in pursuing 
multilateral initiatives for solving the continuing deadlock 
between the GON and the Government of Bhutan. Embassy agrees 
that the Bhutanese-Nepalese refugee problem has 
persisted--and grown--long enough and should be soluble 
through creative international effort.  Post will share our 
thinking about a possible formula for resolution septel. 
 
MALINOWSKI