Strand 2: Renewed Pressure on our Governments to take action for Tibet

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Take Action! Protect Tibetans in Nepal

Posted by: Jigme 27 July 2011  |  comments 0 comments

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The situation in Nepal has continued to deteriorate in recent months; ICT has published no fewer than 5 reports about Nepal since April, detailing the harassment and detentions of Tibetan residents, and the treatment of new arrivals (see Background below) due to increasing pressure from China at a time of political instability. A further development is the recent appointment of a new Chinese Ambassador to Nepal, Yang Houlan. Yang is clearly expected by Beijing to have significant influence over Nepal's control of "anti-China" activities. However, as he finds his feet in his new job, we would like to send him a signal that we are watching what he says and does.

Strand Three of the International Tibet Network's Strategic Plan calls for Targeting China's leaders responsible for Tibet Policy. We therefore ask Member groups to write, fax or email personalized letters to Ambassador Yang Houlan and copy these letters to the government of Nepal.

UPDATE 8 AUGUST. On 5 August the Nepali Head of the Tibetan Welfare Office, Thinlay Lama, was arrested after he held a press conference to refute rumours that his office was associated with fake papers. Thankfully Mr Lama was released the same day. Read ICT's report on the incident.

We would now like to request that Members contact their own governments and the UN High Commission for Refugees about the situation. If you have not yet written to Yang Houlan or to the government of Nepal, the information about how to do so is listed below. We have updated the "asks" to reflect last week's events.

ACTIONS:

1. Write, fax or email China's Ambassador Yang Houlan with the following messages:

2. Send a copy of your letter to the Nepal Government's Home Ministry.

3. Write to the United Nations High Commissioner for Refugees

4. Write to or arrange to meet with a representative of your own government.


 

1. Write, fax or email China's Ambassador Yang Houlan with the following messages:

* Congratulate him on his appointment.
* Note his recent statement to Tibetans attending a reception at the embassy: "The Chinese embassy in Nepal will put the well-being of Tibetans in Nepal in mind. We will implement the policy of "put people at first, diplomacy serves people" and make efforts to safeguard the legal rights and interests of overseas Tibetans." (14 July, 60th Anniversary of the 17 Point Agreement.)
* Note that you appreciate this implies a recognition of the important contributions the Tibetan people have made to the country of Nepal as a strong community, with centuries-old cultural and religious ties. The Tibetans as a community should be allowed freedom of assembly and freedom to practice their religion, and you are encouraged by the Ambassador’s statement as an important acknowledgement of the Tibetans’ legal rights and interests in Nepal.
Contact Information:
Postal Address: His Excellency Ambassador Yang Houlan, Embassy of the People's Republic of China, Baluwatar, Kathmandu, Nepal.
Fax: +977-1-4414045
Email: chinaemb_np@mfa.gov.cn (Please note, if you send this message from a Tibet-related email address, your message will be rejected. A gmail or similar email address should be accepted)
Salutation: Your Excellency

2. Send a copy of your letter to the Nepal Government's Home Ministry. Add a cover note asking the Home Minister (Note that the Minister is currently changing, so best not to name anyone) to:
* adhere to Nepal's 'Gentleman's Agreement' with the UN High Commission for Refugees on the safe transit of Tibetans through Nepal to India, and to be vigilant against possible violations of this agreement at or near the Tibet border.
* adhere to a policy of non-refoulement of Tibetan refugees, and to address the needs of long-staying Tibetans, including issuing Refugee Certificates to all Tibetans who entered Nepal before 31 December 1989 and their eligible offspring. To implement a policy that gives legal status to Tibetans who have arrived since 1989.
* guarantee freedom of assembly for Tibetans resident in Nepal.
Contact Information (please note we can find no working email address):
Postal Address: Minister of Home Affairs, Singha Durbar, Kathmandu, Nepal.
Fax: + 1 977-1-4211274
Salutation: Dear Minister

3. Write to the United Nations High Commissioner for Refugees, António Guterres and to the UNHCR's Nepal Field Office. Express your appreciation for the UNHCR's efforts on behalf of Tibetan refugees in Nepal and urge the High Commissioner/Nepal Field Office to:
* Resume UNHCR monitoring of border regions. Educate local authorities in the proper treatment of refugees; issue written policy instruction to all border immigration and police; and train Nepalese police, security forces and immigration authorities in proper procedures, and international human rights standards and practices;
* Urge the Nepal government to find durable solutions for the long-staying Tibetan refugee population in Nepal, including issuance of Refugee (Identity) Certificates, opening the path to citizenship.
* Make every effort, together with supportive governments, to preserve the Tibetan Refugee Reception Centre in Kathmandu.
Contact Information
Postal Address Nepal: P.O Box 2374 Kathmandu, Nepal
Postal Address Geneva: Case Postale 2500, CH-1211 Genève 2 Dépôt, Suisse.
Fax (Nepal): +977 1 4412853
Email (Nepal): nepka@unhcr.org
To email the High Commissioner, paste your message in the webformhttp://www.unhcr.org/php/contact.php?opt=headquarters

4. Write to or arrange to meet with a representative of your own government. Send a copy of your letter to your country's embassy in Nepal. Ask them to:
* Work multilaterally to ensure that Nepal adheres to its 'Gentleman's Agreement' with UNCHR to allow safe transit of Tibetans through Nepal.
* Work multilaterally to urge the Nepal government to implement a formal protection policy for refugees and regularize the status of eligible Tibetans.
* Work multilaterally to preserve the integrity of the Tibetan Refugee Reception Centre.
Contact Information:
Overseas embassies in Nepal. http://embassy.goabroad.com/embassies-in/nepal


 

 

Background Information (updated 7 August):

The situation in Nepal has continued to deteriorate in recent months; ICT has published 6 reports about Nepal since April, detailing the harassment and detentions of Tibetan residents, and the treatment of new arrivals (see Background below) due to increasing pressure from China at a time of political instability. A further development is the recent appointment of a new Chinese Ambassador to Nepal, Yang Houlan. Yang is clearly expected by Beijing to have significant influence over Nepal's control of "anti-China" activities.

The Nepalese Government, after much pressure from China, supports the 'one-China' policy claiming Tibet as an integral part of China. Tibetan refugees in Nepal are given no legal status, they cannot own property or businesses. They are not allowed to register the births or marriages of their children and, without the proper paperwork, Tibetans in Nepal are deprived of the opportunity of a higher education, good employment or visas to travel to other countries.

As assurance to China that it will not allow its territory to be used for anti-China activities, the Nepalese Government has cracked down on demonstrations by Tibetans with police using violence to break up peaceful vigils and protests and arresting perceived ring-leaders. (See http://www.savetibet.org/media-center/ict-news-reports/nepal-police-crackdown-march-10-commemoration-kathmandu.) In March 2011 a group of about 30 Tibetans were prevented by police from traveling to a Buddhist pilgrimage site as part of Losar celebrations. The group, consisting mainly of elderly women and children, were stopped from boarding a bus by police and, when asked why they were being stopped, the police stated they were 'following orders from the Home Ministry'.

On 21 June, twelve Tibetans were detained during a candlelit vigil held for the Dalai Lama's upcoming birthday and to express solidarity with Tibetan demonstrators in Kardze, eastern Tibet. After being held for 20 days the Supreme Court of Nepal ordered the release of the 12 Tibetans after finding that their detention was "without reasonable explanation...and that said detention is illegal," according to court documents obtained by the International Campaign for Tibet. There was a similar case on 22 March 2010 when the Court ordered the release of 3 Tibetan men, detained in Boudhanath on 9 March and accused of "posing a threat to Nepal-China relations." (http://www.savetibet.org/media-center/ict-news-reports/nepal-supreme-court-orders-release-12-tibetans)

Further abuses were reported on 6 July 2011 when hundreds of Nepalese police in riot gear were deployed in areas of Kathmandu as Tibetans attempted to celebrate the Dalai Lama's birthday. The International Campaign for Tibet reported it was "a new low bar in violations of freedom of belief and assembly, and a disturbing precedent". Photographs of the Dalai Lama were confiscated and three Tibetans were detained for burning incense and throwing tsampa.

China's new Ambassador Yang Houlan was appointed at the end of June 2011. A career diplomat, Yang was appointed after the recall of his predecessor for failing to prevent "anti-China" protests from taking place in Nepal. See http://chinese-leaders.org/yang-houlan/. On 14 July Yang hosted a reception at the Chinese Embassy in Kathmandu for the 60th Anniversary of what China calls the "peaceful liberation of Tibet" during which he said "The Chinese embassy in Nepal will put the well-being of Tibetans in Nepal in mind. We will implement the policy of "put people at first, diplomacy serves people" and make efforts to safeguard the legal rights and interests of overseas Tibetans."

The government of Nepal permits Tibetans who sought refuge there before 31 December 1989, and their descendants, to remain in Nepal. These Tibetans are eligible to receive a government-issued refugee [identity] certificate (RC), which allows them to remain in Nepal with certain limited civil rights. However, Nepal has been unreliable in the issuance of RCs, and thousands of Tibetans who are eligible have been waiting for years for processing to resume and are left with no defined legal status in need of protection.Tibetan refugees who have arrived or will arrive in Nepal after 1989 have been allowed to stay only in transit, and are intended to benefit from an informal agreement between the government of Nepal and the UNHCR, often referred to as the "Gentleman's Agreement," which assumes cooperation among Nepalese police and government officials with the UNHCR in providing for the safe transit of Tibetan refugees through Nepal and onward to India.

On 5 August the head of the Tibetan Refugee Welfare Office in Nepal, Thinlay Lama, was detained for eight hours after organizing and speaking at a press conference about the situation of Tibetans in Nepal, and specifically refuting charges in the Nepal press that his office was complicit in a recent case of two Tibetans attempting to leave Nepal with false passports. Thinlay Lama was released after signing a commitment to inform local authorities before organizing any formal program in the future and agreeing to officially register the Tibetan Refugee Welfare Office.

For detailed background information read "Dangerous Crossing" International Campaign for Tibet http://www.savetibet.org/documents/reports/refugee-report-dangerous-crossing-2011.

 

 

 

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The situation in Nepal has continued to deteriorate in recent months; ICT has published no fewer than 5 reports about Nepal since April, detailing the harassment and detentions of Tibetan residents, and the treatment of new arrivals (see Background below) due to increasing pressure from China at a time of political instability. A further development is the recent appointment of a new Chinese Ambassador to Nepal, Yang Houlan. Yang is clearly expected by Beijing to have significant influence over Nepal's control of "anti-China" activities. However, as he finds his feet in his new job, we would like to send him a signal that we are watching what he says and does.

Strand Three of the International Tibet Network's Strategic Plan calls for Targeting China's leaders responsible for Tibet Policy. We therefore ask Member groups to write, fax or email personalized letters to Ambassador Yang Houlan and copy these letters to the government of Nepal.

UPDATE 8 AUGUST. On 5 August the Nepali Head of the Tibetan Welfare Office, Thinlay Lama, was arrested after he held a press conference to refute rumours that his office was associated with fake papers. Thankfully Mr Lama was released the same day. Read ICT's report on the incident.

We would now like to request that Members contact their own governments and the UN High Commission for Refugees about the situation. If you have not yet written to Yang Houlan or to the government of Nepal, the information about how to do so is listed below. We have updated the "asks" to reflect last week's events.

ACTIONS:

1. Write, fax or email China's Ambassador Yang Houlan with the following messages:

2. Send a copy of your letter to the Nepal Government's Home Ministry.

3. Write to the United Nations High Commissioner for Refugees

4. Write to or arrange to meet with a representative of your own government.


 

1. Write, fax or email China's Ambassador Yang Houlan with the following messages:

* Congratulate him on his appointment.
* Note his recent statement to Tibetans attending a reception at the embassy: "The Chinese embassy in Nepal will put the well-being of Tibetans in Nepal in mind. We will implement the policy of "put people at first, diplomacy serves people" and make efforts to safeguard the legal rights and interests of overseas Tibetans." (14 July, 60th Anniversary of the 17 Point Agreement.)
* Note that you appreciate this implies a recognition of the important contributions the Tibetan people have made to the country of Nepal as a strong community, with centuries-old cultural and religious ties. The Tibetans as a community should be allowed freedom of assembly and freedom to practice their religion, and you are encouraged by the Ambassador’s statement as an important acknowledgement of the Tibetans’ legal rights and interests in Nepal.
Contact Information:
Postal Address: His Excellency Ambassador Yang Houlan, Embassy of the People's Republic of China, Baluwatar, Kathmandu, Nepal.
Fax: +977-1-4414045
Email: chinaemb_np@mfa.gov.cn (Please note, if you send this message from a Tibet-related email address, your message will be rejected. A gmail or similar email address should be accepted)
Salutation: Your Excellency

2. Send a copy of your letter to the Nepal Government's Home Ministry. Add a cover note asking the Home Minister (Note that the Minister is currently changing, so best not to name anyone) to:
* adhere to Nepal's 'Gentleman's Agreement' with the UN High Commission for Refugees on the safe transit of Tibetans through Nepal to India, and to be vigilant against possible violations of this agreement at or near the Tibet border.
* adhere to a policy of non-refoulement of Tibetan refugees, and to address the needs of long-staying Tibetans, including issuing Refugee Certificates to all Tibetans who entered Nepal before 31 December 1989 and their eligible offspring. To implement a policy that gives legal status to Tibetans who have arrived since 1989.
* guarantee freedom of assembly for Tibetans resident in Nepal.
Contact Information (please note we can find no working email address):
Postal Address: Minister of Home Affairs, Singha Durbar, Kathmandu, Nepal.
Fax: + 1 977-1-4211274
Salutation: Dear Minister

3. Write to the United Nations High Commissioner for Refugees, António Guterres and to the UNHCR's Nepal Field Office. Express your appreciation for the UNHCR's efforts on behalf of Tibetan refugees in Nepal and urge the High Commissioner/Nepal Field Office to:
* Resume UNHCR monitoring of border regions. Educate local authorities in the proper treatment of refugees; issue written policy instruction to all border immigration and police; and train Nepalese police, security forces and immigration authorities in proper procedures, and international human rights standards and practices;
* Urge the Nepal government to find durable solutions for the long-staying Tibetan refugee population in Nepal, including issuance of Refugee (Identity) Certificates, opening the path to citizenship.
* Make every effort, together with supportive governments, to preserve the Tibetan Refugee Reception Centre in Kathmandu.
Contact Information
Postal Address Nepal: P.O Box 2374 Kathmandu, Nepal
Postal Address Geneva: Case Postale 2500, CH-1211 Genève 2 Dépôt, Suisse.
Fax (Nepal): +977 1 4412853
Email (Nepal): nepka@unhcr.org
To email the High Commissioner, paste your message in the webformhttp://www.unhcr.org/php/contact.php?opt=headquarters

4. Write to or arrange to meet with a representative of your own government. Send a copy of your letter to your country's embassy in Nepal. Ask them to:
* Work multilaterally to ensure that Nepal adheres to its 'Gentleman's Agreement' with UNCHR to allow safe transit of Tibetans through Nepal.
* Work multilaterally to urge the Nepal government to implement a formal protection policy for refugees and regularize the status of eligible Tibetans.
* Work multilaterally to preserve the integrity of the Tibetan Refugee Reception Centre.
Contact Information:
Overseas embassies in Nepal. http://embassy.goabroad.com/embassies-in/nepal


 

 

Background Information (updated 7 August):

The situation in Nepal has continued to deteriorate in recent months; ICT has published 6 reports about Nepal since April, detailing the harassment and detentions of Tibetan residents, and the treatment of new arrivals (see Background below) due to increasing pressure from China at a time of political instability. A further development is the recent appointment of a new Chinese Ambassador to Nepal, Yang Houlan. Yang is clearly expected by Beijing to have significant influence over Nepal's control of "anti-China" activities.

The Nepalese Government, after much pressure from China, supports the 'one-China' policy claiming Tibet as an integral part of China. Tibetan refugees in Nepal are given no legal status, they cannot own property or businesses. They are not allowed to register the births or marriages of their children and, without the proper paperwork, Tibetans in Nepal are deprived of the opportunity of a higher education, good employment or visas to travel to other countries.

As assurance to China that it will not allow its territory to be used for anti-China activities, the Nepalese Government has cracked down on demonstrations by Tibetans with police using violence to break up peaceful vigils and protests and arresting perceived ring-leaders. (See http://www.savetibet.org/media-center/ict-news-reports/nepal-police-crackdown-march-10-commemoration-kathmandu.) In March 2011 a group of about 30 Tibetans were prevented by police from traveling to a Buddhist pilgrimage site as part of Losar celebrations. The group, consisting mainly of elderly women and children, were stopped from boarding a bus by police and, when asked why they were being stopped, the police stated they were 'following orders from the Home Ministry'.

On 21 June, twelve Tibetans were detained during a candlelit vigil held for the Dalai Lama's upcoming birthday and to express solidarity with Tibetan demonstrators in Kardze, eastern Tibet. After being held for 20 days the Supreme Court of Nepal ordered the release of the 12 Tibetans after finding that their detention was "without reasonable explanation...and that said detention is illegal," according to court documents obtained by the International Campaign for Tibet. There was a similar case on 22 March 2010 when the Court ordered the release of 3 Tibetan men, detained in Boudhanath on 9 March and accused of "posing a threat to Nepal-China relations." (http://www.savetibet.org/media-center/ict-news-reports/nepal-supreme-court-orders-release-12-tibetans)

Further abuses were reported on 6 July 2011 when hundreds of Nepalese police in riot gear were deployed in areas of Kathmandu as Tibetans attempted to celebrate the Dalai Lama's birthday. The International Campaign for Tibet reported it was "a new low bar in violations of freedom of belief and assembly, and a disturbing precedent". Photographs of the Dalai Lama were confiscated and three Tibetans were detained for burning incense and throwing tsampa.

China's new Ambassador Yang Houlan was appointed at the end of June 2011. A career diplomat, Yang was appointed after the recall of his predecessor for failing to prevent "anti-China" protests from taking place in Nepal. See http://chinese-leaders.org/yang-houlan/. On 14 July Yang hosted a reception at the Chinese Embassy in Kathmandu for the 60th Anniversary of what China calls the "peaceful liberation of Tibet" during which he said "The Chinese embassy in Nepal will put the well-being of Tibetans in Nepal in mind. We will implement the policy of "put people at first, diplomacy serves people" and make efforts to safeguard the legal rights and interests of overseas Tibetans."

The government of Nepal permits Tibetans who sought refuge there before 31 December 1989, and their descendants, to remain in Nepal. These Tibetans are eligible to receive a government-issued refugee [identity] certificate (RC), which allows them to remain in Nepal with certain limited civil rights. However, Nepal has been unreliable in the issuance of RCs, and thousands of Tibetans who are eligible have been waiting for years for processing to resume and are left with no defined legal status in need of protection.Tibetan refugees who have arrived or will arrive in Nepal after 1989 have been allowed to stay only in transit, and are intended to benefit from an informal agreement between the government of Nepal and the UNHCR, often referred to as the "Gentleman's Agreement," which assumes cooperation among Nepalese police and government officials with the UNHCR in providing for the safe transit of Tibetan refugees through Nepal and onward to India.

On 5 August the head of the Tibetan Refugee Welfare Office in Nepal, Thinlay Lama, was detained for eight hours after organizing and speaking at a press conference about the situation of Tibetans in Nepal, and specifically refuting charges in the Nepal press that his office was complicit in a recent case of two Tibetans attempting to leave Nepal with false passports. Thinlay Lama was released after signing a commitment to inform local authorities before organizing any formal program in the future and agreeing to officially register the Tibetan Refugee Welfare Office.

For detailed background information read "Dangerous Crossing" International Campaign for Tibet http://www.savetibet.org/documents/reports/refugee-report-dangerous-crossing-2011.