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OneWorld.net note: The government of Nepal should not deport Tibetans without valid refugee certificates to India, said an Asian human rights monitor Wednesday, noting that the plan seems to be a government response to daily protests by Tibetans outside the Chinese embassy in Kathmandu.

• Tibetan women in Nepal dressed to perform a traditional dance. © Innerwealth Chris Walker (flickr)This March, Tibetan activists and journalists in Nepal -- home to many Tibetan exiles and asylum seekers -- began speaking out and demonstrating against "the violent suppression of protests in Tibet and neighboring provinces in China by the Chinese government," reported Human Rights Watch. The start of the protests coincided with the anniversary of the Tibetan rebellion against Chinese rule in Tibet in 1959. "When questioned about the reason for arrests of protesters, a district superintendent of police informed Human Rights Watch that it is government policy that there cannot be protests against China in Nepal," specified the human rights monitor.

• "Many Tibetans who arrived in Nepal before December 31, 1989 are officially regarded as refugees. But the Nepali government has refused to register Tibetan asylum seekers arriving after that time as refugees. As a result, new arrivals are at risk of summary repatriation and encounter great difficulty integrating into Nepali society and accessing education, health care, and employment. It is also impossible for them to leave the country unless granted an exit permit," explains Human Rights Watch.

NEPAL: The Government should stop its plan to deport Tibetans without valid refugee certificates to India

From: Asian Human Rights Commission

September 17, 2008

The Asian Human Rights Commission (AHRC) is deeply concerned about the government of Nepal's plan to deport all Tibetans living in the country to India, without valid refugee certificates.

The government's plan is already in process. Mr. Modraj Dotel, the spokesman of the Ministry of Home Affairs, confirmed to the media on September 11 that the government began screening the refugee status of over 100 Tibetan protesters recently detained and would deport those without proper documents. The government's new plan seems to aim at stopping almost daily protests by the Tibetan exiles in front of the Chinese embassy building in Kathmandu since the Chinese government cracked down protesters in Tibet in March this year.

Currently, more than 20,000 Tibetans live in Nepal. They have lived in the country peacefully for a long time, and have no history of causing conflict with the Nepali people even under the now-abolished monarchy with de facto protection. The newly established Democratic Republic of Nepal should not provide less protection to the Tibetan exiles than the monarchy. The government should rather provide higher de facto protection to the Tibetans with more democratic spirit.

The AHRC is of the opinion that the government's plan is an arbitrary one, by targeting all Tibetans without valid refugee certificates. The AHRC was also informed that the government has stopped issuing the refugee identity cards to Tibetan refugees for more than 10 years. The government's move will most likely destroy the livelihood of many Tibetan exiles and force them to become separated with those beloved family members who do have valid refugee documents.

Besides, the government of Nepal should ensure the freedom of peaceful assembly, which is one of the fundamental human rights, to all persons in the country including Tibetans. The government has legitimate authority to handle protesters according to law in case these protests turn violent. However, according to the information the AHRC received, the Tibetan protesters have been holding peaceful protests as a way to raise their concern about the human rights situation in Tibet. The present government of Nepal, which is headed by the Communist Party of Nepal (Maoists), should appreciate the rights of the oppressed persons to protest.

The AHRC wants to remind the government that the abolishment of the monarchy and the creation of the democratic republic of Nepal is the product of many Nepali people who came out to the streets to protest and call for democracy. Many Nepali people residing abroad could also hold a series of peaceful solidarity protests outside the country to support the people's movement in Nepal. The government should guarantee the freedom of peaceful assembly of the Tibetans in the same way that the Nepali people's freedom of peaceful assembly is protected in many other countries.

The AHRC therefore strongly appeals to the government of Nepal to withdraw its plan to deport Tibetans without valid refugee certificates to India and allow those who wish to stay, to remain in the country. The government should also stop harsh treatment of Tibetan protesters and guarantee their right to hold peaceful assembly and protests. The Tibetans should not be treated as alien; in fact they are the people who need more protection by the new government. The victimization of Tibetans should not be allowed under any circumstances in the current political situation.

The AHRC also appeals to the United Nations High Commissioner for Refugees (UNHCR) to positively intervene in this matter and encourage the government of Nepal to take humanitarian and democratic approaches towards Tibetan exiles and to guarantee their stay in the country with the freedom of peaceful assembly.

To read more about political and human rights developments in Nepal since the country's transition from monarchy to democracy, visit the Asian Human Rights Commission.