US embassy cable - 05KATHMANDU2633

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 002633 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SA/INS, PRM 
NSC FOR RICHELSOPH 
 
E.O. 12958: DECL: 11/29/2015 
TAGS: PGOV, PHUM, PREF, NP 
SUBJECT: GOVERNMENT RESTRICTS TIBETAN REFUGEE MOVEMENT 
 
 
Classified By: Charge Elisabeth Millard. Reasons 1.4 (b/d). 
 
Summary 
-------- 
 
1. (C) Two separate recent incidents cause concern that His 
Majesty's Government of Nepal (HMGN) may be restricting 
normal transit of Tibetan refugees.  In both cases, HMGN has 
cited the need to investigate a November 17 incident when 
police apprehended 43 Tibetans transiting Nepal without 
documentation.  The Nepal office of the United Nations High 
Commissioner for Refugees (UNHCR) found none of these 43 
Tibetans were "of concern."  On November 24, UNHCR reported 
that HMGN did not issue exit permits for 53 Tibetan processed 
refugees transiting from the Tibetan Reception Center (TRC) 
to India.  This brought the number of refugees at the TRC to 
930, a new record high.  On November 28, UNHCR reported that 
police arrested and fined 18 other Tibetan refugees and 
refused to hand them over to UNHCR.  The police claimed that 
the group of 18 were trying to enter India without proper 
documentation.  UNHCR was interviewing the group of 18; 
preliminary interviews showed that this group was "of 
concern" to UNHCR for protection reasons.  End Summary. 
 
Government Halts Issuance Of Exit Permits 
----------------------------------------- 
 
2. (C) UNHCR reported that HMGN did not issue exit permits 
for 53 Tibetan refugees departing in the weekly busload from 
TRC to India on November 24.  HMGN told UNHCR that the 
government needed time to investigate a November 17 incident 
in which a routine traffic stop, Kathmandu police found a bus 
full of 43 individuals without identity documents.  The 
passengers appeared to be Tibetan.  Not knowing what to do, 
the police held the Tibetans on the bus overnight until the 
Department of Immigration office opened, on the grounds that 
they had no documents.  On November 18, following HMGN policy 
to turn over new Tibetan arrivals to UNHCR protective custody 
for processing, the police handed over 42 Tibetans to UNHCR 
on November 18.  (One Tibetan escaped during the night.) 
 
3. (C) UNHCR reviewed each of the 42 cases at the Tibetan 
Reception Center (TRC) and found that despite their assertion 
to the Nepali police the previous day that they had no 
documents, 29 held valid Chinese passports with Nepalese 
visas; 7 held various forms of Indian identification (Refugee 
cards, drivers license); and 5 had Nepalese documents.  All 
42 individuals left the TRC after initial registration with 
UNHCR, acknowledging that departure from TRC indicated that 
they neither sought nor were eligible for UNHCR protection or 
assistance.  They also stated their understanding that UNHCR 
would not assist them if they were to be arrested in Nepal in 
the future.  On the basis of their statements and failure to 
complete TRC's verification and exit clearance procedures, 
UNHCR considered the 42 individuals "not of concern." In the 
interviews, the Tibetans told UNHCR protection officers that 
they were traveling to India to participate in the Dalai 
Lama's teaching, but did not want to have Indian stamps in 
their passports for fear of reprisal by Chinese authorities. 
Therefore, they had traveled to Nepal legally, had hired a 
bus, and planned to cross illegally into India across the 
open border for the teaching. 
 
18 Tibetans Arrested and Fined 
------------------------------ 
 
4. (C) On November 28, police, with Department of Immigration 
concurrence, arrested 18 Tibetans for traveling without 
proper documentation.  The government fined each Tibetan over 
8,000 rupees (115 USD) or sentenced each to 11 months and 10 
days in prison if unable to pay the fine.  UNHCR interviewed 
each of the 18 Tibetans, and, while further processing was 
needed, told Emboff that they believed it was likely that the 
18 people were on their way to TRC to seek UNHCR protection 
and assistance.  UNHCR was treating all 18 as "persons of 
concern."  UNHCR said it would request that the government 
waive the fines, but, as that was a lengthy process, it was 
likely that private donors through TRC would pay the fines to 
release the Tibetans to UNHCR in a timely manner. 
 
TRC Population 
 
KATHMANDU 00002633  002 OF 002 
 
 
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5. (U) UNHCR reported that November 2005 had the largest 
number ever of new arrivals to the Tibetan Reception Center, 
with 746 new arrivals as of November 28.  It speculated that 
the increase in arrivals was due to Tibetans' desire to go to 
India for the Dalai Lama's teachings. Previously, the highest 
monthly arrival total at TRC was 642, in December 1990.  The 
current population of TRC was 930.  Due to the lengthy 
processing times, UNHCR expected to see the numbers of new 
arrivals decreasing, as anyone arriving now would not be 
processed in time to arrive in India for the Dalai Lama's 
January teachings. 
 
UNHCR Appeals to HMGN and Indian Embassy 
---------------------------------------- 
 
6. (C) UNHCR sent a letter appealing to HMGN to issue travel 
documents to TRC-processed refugees despite the ongoing 
investigation.  UNHCR also sent a letter to the Indian 
Embassy asking for expedited processing of documents due to 
severe overcrowding at TRC.  The Indian Embassy routinely 
processes 15 Tibetan refugees a day, but has increased the 
number in the past when requested by UNHCR.  This would allow 
UNHCR to send two buses a week from the TRC to India. 
 
Comment 
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7. (C) The Embassy will also press HMGN to issue exit permits 
to processed refugees to ease the severe overcrowding at TRC. 
 
MILLARD