US embassy cable - 03KATHMANDU1308

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 001308 
 
SIPDIS 
 
STATE FOR SA, H, SA/INS 
DEPT PLEASE PASS TO USAID/ANE AND ASST ADMINISTRATOR 
WCHAMBERLAIN 
NSC FOR MILLARD, LONDON FOR POL/GURNEY, DOJ FOR DEA 
 
E.O. 12958: DECL: 07/11/2013 
TAGS: PREF, EAID, PREL, NP, U.S-Nepali Relations, Tibetan Refugees 
SUBJECT: NEPAL: TIBETAN REFUGEES AND U.S. INTERESTS - 
ACTION REQUEST 
 
REF: (A) KATHMANDU 1247 (B) KATHMANDU 1239 (C) 
     KATHMANDU 1219 (D) KATHMANDU 1133 (E) 
     KATHMANDU 1132 (F) KATHMANDU 1044 
 
Classified By: Ambassador Michael E. Malinowski for Reasons 1.5 (b,d) 
 
1. (SBU) Embassy understands that a group of nine congressmen 
who sent a letter on June 19 to the Prime Minister of Nepal 
is now poised to introduce punitive legislation against Nepal 
if the government does not satisfy their ultimatum regarding 
the status of Tibetan refugees in Nepal.  The Embassy feels 
strongly that such an action would be inconsistent with 
broader U.S. interests in Nepal.  Moreover, on July 11, 
Samdhonje Rinpoche, the Prime Minister of the Tibetan 
Government in Exile in Dharamsala, informed the Dalai Lama's 
representative in Nepal that punitive legislation against 
Nepal would not support Tibetan objectives.  The Embassy 
believes it is important that the Department contact these 
congressmen on July 11 and make the following points. 
 
2. -- TIBETAN COMMUNITY IN NEPAL -- 
 
-- Since 1959, Nepal has become the home and sanctuary for 
over 20,000 Tibetans.  The Tibetan community in Nepal lives 
in peace and prosperity with a standard of living higher than 
that of most native Nepalese.  Tibetan culture and religion 
have thrived and propagated in Nepal over the past four 
decades, as demonstrated by the great increase in the number 
of monasteries. 
 
-- Since 1990, according to the Dalai Lama's office in Nepal, 
the Government of Nepal has assisted over 28,000 undocumented 
Tibetans transiting Nepal on their way to Dharamsala in 
northern India.  In violation of Nepal's immigration laws, 
the GON has treated the transiting Tibetans with special 
consideration in accordance with a gentleman's agreement with 
UNHCR. 
 
-- Recently, the Chinese Embassy in Kathmandu has increased 
pressure on the GON to circumscribe the activities of 
Tibetans and complicate the transit of Tibetans to India.  As 
a result of this pressure and despite vigorous complaints by 
the Embassy and other international agencies, 18 Tibetans 
were deported to China on May 31. 
 
-- Since then, the Embassy repeatedly has raised the issue 
with the Home Secretary, Foreign Secretary, Prime Minister 
and King.  The Prime Minister assured the Ambassador that GON 
policy toward transiting Tibetans had not changed and that in 
the future transiting Tibetans will be handed over, as 
before, to UNHCR (Ref A).  On June 30, King Gyanendra 
apologized for the deportation and said the deportation was 
an aberration that does not reflect official policy (Ref B). 
 
-- Since the deportation, the GON has granted exit permits 
for three busloads of 115 Tibetans to travel to India.  On 
June 29, the GON also released to UNHCR 19 Tibetans who had 
been detained because they lacked documentation (Ref C). 
 
-- Most significantly, the Dalai Lama's representative in 
Nepal and Tibetan Prime Minister Samdhonje Rinpoche have 
agreed that punitive legislation against Nepal is not in the 
interests of the Tibetan community and not an objective of 
the Dalai Lama's government-in-exile. 
 
-- The withdrawal of U.S. assistance to Nepal, by taking 
resources away from ordinary people and weakening the GON's 
hand in dealing with Maoist insurgents, could have the 
reverse affect of hurting the Tibetan community in Nepal. 
 
 
3. -- BROADER U.S. INTERESTS -- 
 
-- Since 1951, over $700 million in U.S. development 
assistance has made major contributions toward the 
development of Nepal's infrastructure, health and legal 
systems, as well as important steps in building institutions 
for Nepal's fledgling democracy.  Progress has been made in 
decreasing child mortality and fertility rates and 
substantial gains in literacy and food security. 
 
-- The U.S. has helped and continues to help Nepal fight the 
Maoist insurgency, which is a direct threat to the country's 
young democracy.  The Maoists continue to systematically 
harass, extort from and abduct ordinary Nepalese despite a 
cease-fire and code of conduct. 
 
-- The GON cooperates with the U.S. on counter-narcotics. 
With the growing incidence of Nepalese participating in 
international drug trafficking, cooperation between the GON 
and the U.S. Drug Enforcement Agency will becoming 
increasingly important (Ref D). 
 
-- The GON cooperates with the U.S. on counter-terrorism.  In 
March, the GON and U.S. signed an anti-terrorism agreement 
committing the GON to work with the U.S. on fighting global 
terrorism.  Also, two Royal Nepal Army officers are now 
visiting CENTCOM in Florida to discuss the deployment of 
Nepalese soldiers to help U.S. peacekeeping operations in 
Iraq. 
 
-- The GON also cooperates with the U.S. in combating 
trafficking in women and children.  The 2002 U.S. Annual 
Trafficking in Persons Report cited as a "best practice" the 
progress the GON has made in stemming the illegal flow of 
Nepalese women and children at the border crossings between 
Nepal and India. 
 
-- The GON also cooperates with the U.S. in removing the 
worst forms of child labor.  Within the first year, U.S. 
programs in Nepal will have reached over 15,000 children at 
risk and provided direct support to over 1,500 children 
working in the garment industry, domestic service, as miners 
and porters, enabling them to attend school. 
 
-- The U.S. is also ramping up efforts to strengthen 
anti-corruption efforts, enhance judicial administration and 
increase access to justice for the poor and disenfranchised. 
 
4. (C) Comment: In sum, the Embassy strongly believes that 
punitive legislation against Nepal, cutting off security and 
other valuable assistance because of the Tibetan issue would 
undermine broader U.S. objectives in the region.  Moreover, 
the Tibetan leadership itself does not support legislation 
that would cut U.S. assistance to Nepal.  Post urges the 
Department to convey these sentiments to the nine congressmen 
as soon as possible.  With continued assistance, the U.S. can 
remain the most active and influential force working in Nepal 
in defense of Tibetan political and human rights.  End 
Comment. 
MALINOWSKI