Rt’ Honorable Dr. Baburam Battarai
Prime Minister
Government of Nepal
Singha Durbar, Kathmandu
Memorandum
Your Honorable,
After the invasion of independent Tibet by China
in 1959, thousands of Tibetan refugees fled Tibet into the neighboring
countries during which time about 20,000 Tibetan Refugees settled in Kaski,
Manang, Mustang, Ilam, Taplejung, Kathmandu, Lalitpur, Gorkha, Rasuwa, Walung,
Jumla, Humla and Tanahun districts of Nepal under the care of warm hearted
Nepalese people.
Historically, from the ancient times, Nepal and
Tibet enjoyed close relation in the field of economic, diplomatic and cultural
exchanges. Tibet and Nepal signed treaties in the years 1645, 1789, 1792 and
1856 as independent sovereign nations and it is well known that Nepal produced
these treaties as an evidence of independent nation when applying for the
membership of UNO.
Based on the historical facts and warm relations,
the then Government of Nepal granted political Refugee status to those citizens
who had to leave their country under compulsion. Nepal’s support to the Tibetan
refugees despite being geographically small country and limited resources is
appreciated by the world community even today. During this most difficult
period in our 50 years of our national history, the people of Tibet will always
remain grateful and indebted to the Government and the people of Nepal.
While the mental pain of exile continues, we
would like to bring to your kind information, the following difficulties
being faced by our community which makes our life very difficult now.
Nepal is a peace loving, law abiding country and
the recent positive changes in Nepal brought about by the sacrifices of Nepali
people has given us further hope and confidence in the people and the
Government of Nepal and we appeal for a positive hearing and
solution to our problems which are submitted below.
Our requests are as follows
1. Since
Nepal became a Republic, for the first time Nepalese people are getting the
opportunity to write their own constitution through the constituent assembly.
Refugees are also hopeful of this historic change. Refugees continue to face
administrative harassment and difficulties due to lack of proper refugee law.
Writing appropriate law in the new constitution for the protection of
refugees will also be a historic achievement. In order to address the problems
of all refugees in Nepal in equal footing, we appeal to the Nepal Government to
discuss with the concerned refugees, human rights organizations, international
and national organizations working for the refugees and based on democratic
values and the various international treaties and obligations committed by
Nepal and write a clear policy governing refugee and duly inscribe in the new
constitution.
2. Issues on Refugee Card
(RC)
a.
According to the demographic survey of Tibetan
Exile conducted by Central Tibetan Administration, Dharamsala in 2009, the
population of Tibetan refugees in Nepal stands as 13,514. Based on the
statistics, 50% of the Tibetan refugees do not have refugee card. Nepal
Government discontinued the practice of issuing Refugee card, legally in 1989.
Children born and brought up after 1989 and those who could not get their RC
before the said date are today undocumented people. Due to this, they are not
able to produce any ID in Government departments when required and they are not
able to obtain even a driving license and travel documents and other basic
facilities and rights. We request Nepal Government to continue issuing of
Refugee Cards to those bona-fide Tibetan refugees living in Nepal.
b.
RC holders are allowed simply to stay in Nepal
legally. It does not give right of livelihood individually and even
registration of social organizations as a community. They are denied rights to
participate in local social activities and contribute to the wellbeing of the
society. Therefore, we request the Government of Nepal to issue necessary
notifications to allow the RC holders the benefit of registration of nonpolitical
nonprofit social organizations.
c.
Tibetan refugees in Nepal have to frequently
crossover to India due to medical, study and pilgrimage reason. In the absence
of citizenship of both the countries, they continue to face difficulties to
travel. We appeal Nepal Government to either recognize the current RC for
travel locally or issue another identity card which enables them to travel
through airways.
d.
For a long times, RC holders used to get
driving license issued. This practice of issuing license to the new applicants
and also renewal of the validity of the old license stopped recently. In the
absence of driving license the occupation of driving a taxi could not be
pursued and taxis purchased earlier by paying lakhs of Rupees had to be sold
under compulsion at throwaway cheap prices. The current RC has not helped to
solve the problem of employment, business and travels for the Tibetan refugees.
We request the Government to continue the system of renewal and issue of
driving license based on the RC to pursue a reasonable livelihood.
e.
There is a large number of Tibetans born and
brought up in Nepal. Many skilled and qualified youths remain unemployed even
today. Since RC only allows to stay in Nepal legally without any strong
opportunities of employment. Such a treatment to RC holder is not only stopping
them to contribute to the social and economic fabrics of the country but a
waste of precious human resources and thus a burden on the society. We appeal
to the Nepal Government to issue directives to allow the RC holders to engage
in business, open small scale industries and earn livelihood by granting
necessary ‘ work permit’ to enable them
to work similar to citizen of Nepal.
f.
For Tibetan refugee students who passed their
middle level education and seeking admission to the higher level institutions
in Engineering, medical etc., the only option today is through foreign
student’s quota. Even for those who manage to get the quota and graduated
medical from the medical quota, they are barred from sitting in the exam of
Nepal medical Council and thus do not get license to practice. Similarly RC
holders are disqualified to obtain teaching licenses in private and public
education institutions with the result; they can’t find any employment even
with the highest education. We request the Nepal Government to issue directives
to allow the RC holders to join universities by proving a separate system of
‘refugee Quota for higher studies’ or
allow them to study as Nepali citizens and make necessary law to allow
them to sit in exam through medical council (NMC), teaching and in similar
professions.
g.
Today, Physical presence is mandatory for RC
renewal done at the office of CDO annually. Many RC holders are very old and
sick living in remote areas of Nepal for a long time or other districts of
Nepal with their relatives and caretakers and some of them are also scattered
persuing different professions. They are not in a position to physically walk
long distance to the CDO office. There are many cases where the RC is snatched
away since they failed to appear three years continuously. We appeal to the
Nepal Government to have humanitarian consideration and allow the renewal in
which ever districts they are staying, based on the recommendation of the
concerned camp leaders and the village Development Committee.
3. Travel Documents
a.
All Tibetan refugees in Nepal must possess
a travel document for the purpose of travelling outside Nepal for
business, pilgrims, employment and medical treatment etc. The process of
obtaining a travel document based on RC from the administration is very
cumbersome, full of hurdles and expensive. Even after a person is able to pass
the long arduous route and obtains a travel document, the validity is for a one
year only and without provision for renewal. We appeal to the Nepal Government
to make the validity of Travel documents for 10 years like the Nepali passport
with provision to renew.
b.
Tibetan refugees travel abroad with the help of
travel documents. Recent administrative directives have banned
changing foreign currency for people travelling with Travel documents and
are not even allowed to carry foreign currency, the amounts normally allowed
for the other passport holders. We appeal the Nepal Government to allow the
same facility sanctioned for basic need.
4. Human rights
a.
For a long time, Tibetan Refugees have been
allowed to observe/celebrate religious festivals, cultural traditions without
obstructions. Even after 5 years of Nepal being declared as a democratic,
secular Republic country, during the past few years many restrictions have been
imposed on even simple religious festivals. It is a well-known fact that these
restrictions have not only harmed the Tibetan refugees but affected adversely
all the dharma brothers and sisters of Himalayan region of Nepal like Sherpas,
Bhota and Lamas who are Nepalese. Therefore, we appeal to the Nepal Government
to create conducive atmosphere to allow us celebrate pure religious and
cultural festivals without fear and restrictions; declare the monasteries and
the stupa complexes as zone of peace.
b.
Since Nepal is a signatory to the Universal Declaration
of Human Rights (UDHR) adopted by the United Nation general Assembly in 1948
and International Covenant on Civil and Political rights (ICCPR), we appeal to
the Nepal Government to provide those rights to the refugees in full.
c.
Honorable Supreme Court of Nepal under a joint
bench of Justice Balram KC and Justice Sharda Prasad Pandit has directed the
Government in 23rd September, 2006 to make necessary refugee laws and to sign 1951 Convention Relating to the Status of Refugees and
ratify its optional protocols. We appeal to the Nepal Government to accept the international
convention, amend law of Nepal and exhibit to the world our identity as a
nation respecting international laws.
d.
Due to adverse situations in Tibet, young
Tibetans continue to flee to the Nepal border for seeking refuge. It is a well-known
fact that in the name of controlling the border many of our youths have been
subjected to loot, an especially our women are subjected to mental tension and
physical rape. In the absence of RC many have been threatened or subjected to
deportation. In the absence of written agreement of the Gentleman’s agreement
between the UNHCR and Nepal Government, the new comers are faced with practical
difficulties on regular basis. We appeal to Nepal Government to make necessary
amendments in the law and have the agreement is written and to treat the
Tibetan refugees on humanitarian ground and protect their live and dignity. The
commitment by Nepal Government in writing to the United States Government by
Mr. Madhu Raman Acharya, Foreign Secretary on August 4, 2003 may also be
respected.
5. Until
such time, necessary refugee law is in place and find a durable solution to the
Refugee problem, we appeal to the Nepal Government to constitute an urgent
permanent high level Refugee commission to look into the various problems faced
by the refugees in Nepal.
6. Some developed countries
have expressed their desire for third country resettlement project. We appeal
to the Nepal Government to grant exit permit and create conducive atmosphere
and pave way so that the refugees can live a dignified life.
7. Nepal Government has
been extending support and facilities to other refugees in Nepal from time to
time. We appeal to the Nepal Government to treat all refugees alike and grant
those facilities granted to other refugees in Nepal.
8. Nepal as a good neighbor
of China and host of Tibetan refugees, we appeal to Nepal Government to take
necessary steps to support the ‘Middle way Policy’ presented by our spiritual
leader His Holiness the Dalai Lama and adopted by Central Tibetan
Administration (CTA) to solve the issue of Tibet which is beneficiary both for
the Tibet and China, and create conducive atmosphere to return to motherland
with dignity for those who are compelled to scatter worldwide.
9. Refugee
camp and allied camp related organizations such as health clinics, old age
homes and orphanages and other community organizations are not allowed to open
bank accounts, with the result, the accounts have to be opened in individual
names which calls for many complications including personal taxes etc. We
appeal to the Nepal Government to allow opening of bank accounts in the names
of offices with social and public importance.
10. Registration
of birth, Marriage and death is not allowed for the Tibetan refugee. The system
of writing names of children below 18 years on the RC of the parents existed
till 1994 which also discontinued. We appeal Nepal Government to allow proper
registration of birth, Marriages and deaths with the Government department.
11. Settlement
lands allotted for the purpose of dwelling of Tibetan refugees by the
Government of Nepal before 50 years are now slowly encroached by various local
individuals and organizations and some even destroyed by natural calamities. We
request Nepal Government to conduct a proper survey of the lands allotted to
the Tibetan refugees and protect these lands so as no locals or organization
may encroach/interfere and from disasters.
Finally, we draw the kind attention of the
Honorable Ministers of the Nepal Government to protect the human rights of the
refugees and raise the democratic image of Nepal globally.
On behalf of all the Tibetan
refugees in Nepal
Thiley Lama
Honorary Coordinator
Email: trwonepal@gmail.com
CC:
1. Hon.President,
Dr.Rambaran Yadav, President Building, Kathmandu.
2. Speaker, Constitution
Assembly of Nepal.
3. Home Ministry,
Government of Nepal, Singha Durbar, Kathmandu.
4. Foreign Ministry,
Government of Nepal, Singha Durbar, Kathmandu.
5. All Members of
Constitution Assembly of Nepal.
6. All political Parties
representing Constitution Assembly of Nepal.
7. UNO office, Nepal.
8. National Human Rights
Commission, Kathmandu.
9. United Nation High
Commission for Refugee (UNHCR).
10. Office of High Commission
for Human Rights (OHCHR).
11. Major Embassies in
Nepal.
12. European Union, Nepal.
13. Concerned CDO offices
where Tibetan refugees are living in Nepal.
14. Nepal Bar Association,
Kathmandu, Nepal.
15. Amnesty International
Nepal.
16. Federation of Nepalese
Journalist, Kathmandu, Nepal.
17. Nepal Red Cross
Society, Kathmandu, Nepal.
18. Human Rights
organization of Nepal (HURON).
19. National/International
human Rights Organizations.
20. National/International
Media.
21. Civil Society leaders
of Nepal.
