SWECHHA GHIMIRE

Refugees in Nepal

On a trip back to Nepal from India, my bus was filled by passengers from Nepal, India and some other countries. When it was stopped at the border for regular checking, Indian officials asked for our identity cards. The woman in the second row showed cards of affiliation with some Indian Tibetan groups. Not satisfied, the official asked for her travel permit, telling her about an old man who was returned to Nepal because he did not have the same. But he was considerate to the woman and let her go, warning her that she may have to turn back from the check point on the Nepali side of the border.

Immediately, the bus driver cum conductor casually told the woman to have Rs 500 ready to pay the Nepali official. The lucky (in this case) Tibetan woman ended up paying only Rs 200 to enter Nepal. The Nepalis in the bus were rather embarrassed by the whole affair. This is how I became witness to a refugee entering Nepal without authentic document. Also, it should be noted that there was no registration of the entry of refugee into Nepal.

Nepal has been giving shelter to refugees from various countries. Starting with Bengali refugees, now Nepal is host to refugees originating from Bhutan, Tibet, and many other countries. In the early 1990s, “Lhotshampa” evicted from Southern Bhutan started living in Nepali and Indian territories. In 1992, UNHCR established its first camp in Eastern Nepal for Bhutanese refugees, later increasing the number to seven. These refugees are now being resettled, and the camps have been merged into just two, leaving few Bhutanese refugees in Nepali territory.

With the exile of Dalai Lama, many Tibetan refugees entered Nepal. Many come to Nepal as a transit to India, but end up living here. Some of them are even settled in Nepal with the help of international organizations. As Nepal and India share an open border, there is significant movement of refugees between the two countries.

India has given shelter to Tibetan refugees and recognized their presence. Central Tibetan Administration, the organization looking after Tibetan refugees and Tibetan Government in Exile, is headquartered in Dharmasala, India.

Nepal has not accepted the 1951 Refugee Convention or its 1976 Protocol, though it has been following some of its principles. Particularly, it adheres to the principle of non-refoulement i.e. Prohibition of return of a person to territories where his/her life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion.

Nepal has also provided refugees with access to court, including legal assistance. They are made aware of Nepal’s legislative provisions, which is very important for them to cooperate with the host country and community. Welfare provisions including rationing system, housing, and public education have been provided in refugee camps. In case of Bhutanese refugees, various national and international organizations supported their education and health. Nepal Bar Association has also provided legal assistance to them, appointing legal officer to work within the camp.

The Government of Nepal has done a commendable job by providing shelter to refugees on a humanitarian basis. However, it has often been criticized for being unfair towards Tibetan refugees and supporting “One China” Policy. China’s strong opposition of the Tibetan movement is the reason for Nepal’s suppression of Tibetan refugees’ presence and protests. Nepal is also criticised for diplomatic inefficiency during negotiations about the repatriation of Bhutanese refugees. It is not easy to please neighbors when you are hosting people exiled from their land or territory of interest.

Nepal does not have an explicit Act to address refugee issues, nor are there any regional instruments to do so. Also, SAARC forum was never supportive of Nepal in addressing Bhutanese repatriation, and neighboring countries could not be effective mediators. It is essential for Nepal to clearly present its policy towards refugees. It should treat refugees from different countries equally well. It must present its voice strongly in concerned forums.

It is unfortunate for any person to be forced to leave their land, property, and often family and friends, and come to foreign land for shelter. When a country permits their entry, it should protect their basic human rights with the help of national and international community.

Published on: 21 January 2014 | Republica