US embassy cable - 03KATHMANDU91

C O N F I D E N T I A L KATHMANDU 000091 
 
SIPDIS 
 
STATE FOR SA/INS 
LONDON FOR POL/REIDEL 
 
E.O. 12958: DECL: 01/16/2013 
TAGS: PREF, PGOV, PHUM, NP, Tibetan Refugees 
SUBJECT: THREE MORE TIBETANS JAILED IN NEPAL 
 
 
Classified By: Ambassador Michael Malinowski for reasons b,d. 
 
1. (SBU) Summary:  Nepali Immigration Courts have sentenced 
three Tibetans to three years' imprisonment for failure to 
pay fines and visa fees resulting from their illegal presence 
in Nepal.  UNHCR and the Office of Tibet have objected to the 
sentences, saying that the three Tibetans were on their way 
to India, and should have been handed over to UNHCR as 
"persons of concern."  End summary. 
 
2. (U) Three Tibetans, including two teenagers, have been 
sentenced to approximately three years in jail for failure to 
pay immigration fines handed down by Nepali courts on January 
8.  Yanglha Tso (age 15), Samdup (age 15) and Tashi (age 30) 
were arrested on December 13, 2002 in Boudha, a predominantly 
Tibetan area of Kathmandu.  Nepal's Department of Immigration 
determined that the three were illegally present in Nepal and 
fined them each a total of 29085 NRs (372 USD).  Unable to 
pay the fines, the three have been sentenced to "serve off" 
the amount at a rate of 25 NRs per day.  The total sentence 
is approximately three years imprisonment. 
 
3. (U) According to Wangchuk Tsering, the Dalai Lama's 
Representative in Nepal, the three Tibetans crossed the 
border from Tibet without documentation approximately two 
weeks before their arrest, intending to transit to India. 
After traveling to Kathmandu, they stayed for approximately 
three days in Boudha, a predominantly Tibetan area of the 
capital, before they were picked up by police.  The Home 
Ministry told PolOff that the three Tibetans were in 
violation of Nepali immigration law, which does not allow 
Tibetans to settle in Nepal, and indicated to Tsering that 
the three had overstayed an unspecified "time limit." 
However, Tsering asserts that the Tibetans had no intention 
to stay.  "They simply didn't know where to go," he said in a 
phone conversation with PolOff.  "They had just arrived, and 
were trying to find out how to get to India." 
 
4. (C) UNHCR has spoken to the GON on several occasions, 
reminding them of the "gentleman's agreement," under which 
GON authorities have informally agreed to report newly 
arrived Tibetans seeking transit to India to UNHCR for 
processing as "persons of concern."  However, UNHCR 
Protection Officer Cecilia Becker indicates that the GON has 
been uncooperative in this case.  The GON has not explained 
why police did not call UNHCR when they first encountered the 
Tibetans, nor why they did not release them once it was 
learned that they had only been in Nepal for a short time and 
were seeking to transit to India. 
 
5. (U) The arrests bring the total number of Tibetans 
currently in jail for failure to pay immigration fines to 
twelve, though the number may soon drop back to eleven.  Two 
of the eleven refugees arrested last year have been released 
following payment of their fines by German philanthropic 
organizations, and UNHCR told PolOff that a third is likely 
to be released under the same circumstances on Monday. 
 
6. (C) Comment:  These three arrests mark another step 
backward in the formerly cooperative relationship that UNHCR 
has enjoyed with the GON.  Reported comments about a "time 
limit" for Tibetans transiting to India are worrisome 
indications that the "gentleman's agreement" is being 
increasingly ignored by the GON.  Perhaps most worrisome are 
reports from UNHCR that the current Director of Immigration 
(DOI), appointed in November, has hinted that he does not 
believe that any such agreement exists.  (Note:  The 
Kathmandu respresentative of the International Campaign for 
Tibet has confirmed that the DOI told him very bluntly that 
"no such agreement exists." End note.)  Post has called upon 
the Home Ministry to reinforce the GON's commitment to the 
"gentlemen's agreement," and will continue to express our 
support for UNHCR's efforts to facilitate the travel of 
legitimate asylum seekers on their way to India. 
MALINOWSKI