US embassy cable - 03KATHMANDU1074

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 001074 
 
SIPDIS 
 
STATE FOR SA/INS AND PRM 
LONDON FOR POL - GURNEY 
BEIJING PLEASE PASS CHENGDU 
NSC FOR MILLARD 
 
E.O. 12958: DECL: 06/10/2013 
TAGS: PREF, PREL, CH, NP, Tibetan Refugees 
SUBJECT: NEPAL:  GOVERNMENT ASSURANCES, POLICY AMBIGUITIES 
ON TIBETAN REFUGEES 
 
REF: KATHMANDU 1044 AND PREVIOUS 
 
Classified By: CDA ROBERT K. BOGGS.  REASON:  1.5 (B,D). 
 
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SUMMARY 
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1.  (C) On June 10 in separate conversations with Charge and 
Ambassador Joyce Leader, Office Director of PRM/ANE, the 
Secretaries of the Ministries of Foreign Affairs and Home 
 
SIPDIS 
have attempted to assure us that Government of Nepal (GON) 
policy toward Tibetan refugees transiting Nepal has not 
changed.  The absence of any written policy and variations in 
the messages conveyed by the two Secretaries, however, make 
it difficult to assume a uniform GON approach to such cases 
in the future.  UNHCR's success in securing exit permits for 
40 Tibetan refugees on June 11 may provide a promising early 
indicator.  End summary. 
 
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MFA:  "INFORMAL INSTRUCTIONS" 
NOT TO ARREST TIBETANS 
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2.  (C) In a June 10 meeting, Foreign Secretary Madhu Raman 
Acharya told Charge that the Government of Nepal (GON) has 
issued "informal instructions" to the police not to arrest 
Tibetans transiting Nepal on their way to India.  (Note: 
Acharya had earlier told Charge that he had spent four hours 
at the Home Ministry the previous week reviewing procedures 
and policies regarding Tibetan refugees.  End note.)  Acharya 
described the May 31 deportation of 18 Tibetan refugees to 
China (Reftel) as "an extraordinary circumstance" that will 
not recur.  He asked the Charge how the GON could 
re-establish its credibility with the international 
community.  The Charge replied that the best way is for the 
GON to revert to its past practice of complying with the 
"gentlemen's agreement" by handing over Tibetan asylum 
seekers to UNHCR.  The international community, including the 
US, will be watching carefully to ensure that the GON 
demonstrates its statement that it has not changed its policy 
by continuing to abide by that agreement.  Acharya reiterated 
his previous reassurances that the GON policy remains 
unchanged. 
 
3.  (C)  Acharya once again blamed heavy Chinese pressure for 
the GON deviating from its usual practice and deporting the 
Tibetans.  As an example, he cited a request from the Chinese 
government that Nepal issue multiple-entry visas to certain 
"refugees" (i.e., Chinese spies posing as guides escorting 
fleeing Tibetans across the border).  When the GON refused, 
China imposed a work permit requirement for Nepalis seeking 
employment in Hong Kong, Acharya said.  He added that the 
Chinese government had earlier given the GON a list of names 
of Tibetans it believed were in Nepal, requesting that the 
GON apprehend them.  Instead, the GON ignored the list and 
allowed three of the people listed to leave for India. 
Acharya said he believes the Chinese hard line on the latest 
group of 18 may have been in retaliation for the GON's 
failure to heed that request. 
 
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HOME MINISTRY: 
FIRST COME, FIRST SERVED? 
-------------------------- 
 
4.  (C)  Also on June 10, Ambassador Joyce Leader, Office 
Director of PRM/ANE, accompanied by poloffs, met with Home 
Secretary Tika Datta Niraula.  (Note:  Amb. Leader's call 
 
SIPDIS 
marks the first time the Embassy has succeeded in speaking 
with Niraula, despite numerous efforts, since May 29.  End 
note.)  Amb. Leader underscored USG concern at the GON's 
deportation of the 18 Tibetans and strongly urged the GON to 
abide, on humanitarian grounds, by the "gentlemen's 
agreement" and turn over Tibetan asylum seekers to UNHCR. 
Niraula responded that the GON has not changed its policy and 
described the deportation as an "accident" that "won't happen 
again."  As an example of its commitment, the GON is prepared 
to grant an exit permit to a Tibetan man who has been 
detained since May, Niraula stated, pulling a file from his 
desk.  When poloff asked when the exit permit would be 
granted, Niraula replied that the final decision would have 
to await appointment of a new Home Minister.  Poloffs also 
noted that UNHCR had applied for exit permits for a group of 
40 Tibetans, currently staying at the Reception Center, for 
travel to India.  Niraula said he was unaware of the request 
but foresaw no problem.  (Note:  The exit permits were 
granted on June 11.  The bus was expected to leave the 
evening of the same day.  End note.) 
 
5.  (C)  Niraula contended that the GON broke no law by 
detaining undocumented foreigners on its territory.  Even if 
the GON did not break its laws, Amb. Leader rejoined, it 
violated the gentlemen's agreement and the policy that had 
earned it a reputation for tolerance and hospitality toward 
Tibetans.  It is very important that the GON follow up its 
verbal commitments with actions that demonstrate that its 
policy remains intact. 
 
6.  (C)  Poloff asked Niraula to articulate GON policy toward 
Tibetan asylum seekers.  Niraula replied that the GON will 
hand over asylum seekers to the UNHCR if it expresses an 
interest in them as "persons of concern."  The asylum seekers 
may not be turned over, however, if the Chinese government 
expresses an interest before the UNHCR in a particular case, 
he suggested.  The Chinese had designated the 18 deported 
Tibetans as "persons of concern" before the UNHCR did, he 
asserted, claiming that the UNHCR did not contact the Home 
Ministry until the day before the deportation.  (Note:  UNHCR 
has told us it contacted the Home Ministry more than one week 
before the deportation.  End note.) 
 
7.  (C)  Poloff urged that UNHCR be afforded access to all 
"persons of concern"--regardless of who else may have 
expressed "concern" about them--in accordance with 
international norms and standards.  When Niraula raised 
Nepal's special relationship with China, Amb. Leader urged 
the GON to keep the humanitarian issue of asylum divorced 
from political considerations.  Niraula then backpedaled a 
little from his previous statement about early Chinese 
expressions of "concern" trumping UNHCR access, reiterating 
that the deportations will not recur and that the GON has not 
changed its policy. 
 
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COMMENT 
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8.  (C) The GON is acutely aware of the damage the 
deportations have brought to its standing in the 
international community and is particularly anxious to allay 
donor concerns about possible recurrences in the future. 
While we are pleased to hear of the "informal instructions" 
given to the police not to arrest Tibetans, it is difficult 
to determine, in the continued absence of a formal policy, 
how closely the instructions will be followed--especially in 
cases of "concern" to the Chinese.  We will continue to 
monitor the situation closely--including the timely granting 
of an exit permit to the Tibetan male Niraula mentioned. 
 
9.  (U)  Amb. Leader did not have an opportunity to clear 
this message 
BOGGS