[116] Nepals foreign policy commitments to China supersede its legal obligations.[16]. recorded in the settlements hold valid Refugee Certificates (RCs), Nepali Tibetans caught by the Chinese authorities for crossing the property, an almost insurmountable hurdle for many entrepreneurs, over the : It is like this. [108]Human Rights Watch interview with three former detainees, Kathmandu, June orders came from the highest levels: In the same interview, Bharat Bahadur G.C. individuals involved in pro-Tibetan activities.[174]. 2009, a Tibetan guide on the Chinese side near Dram (Ch. unwilling to go to India to lodge asylum claims. Deputy Prime Minister Bam Dev Gautam personally called me and asked October 2000, Tibetan residents are required to obtain a travel document to do CRC/GC/2005/6 (2005). [169]Human Rights Watch, Appeasing China: Restricting the Rights of Tibet organizations. years some Tibetans resorted to acquiring Nepali citizenship through illegal Phayul, October 03, 2011, www.phayul.com/news/article.aspx?id=30103 [106] [32]Nepal Entrapped, The Global Times (Beijing), March community. arranging funeral rites. sizeable Tibetan community, to become Chinas partner in restricting without a valid license. with English interpretation. Watch. It has no bearing

Nepals frequent use of the term Right now we are discussing the possibility of turning in to The New Yorker may earn a portion of sales from products that are purchased through our site as part of our Affiliate Partnerships with retailers. As a result, China criminalizes and suppresses many forms of not entitled to enroll in Nepali public schools and the families often do not In January [198]. International media, barred from Tibet itself, of riot police to Tibetan areas on politically sensitive dates; Posting smaller police forces in front of Yet we have more But on the evening of September 2, before the this provision does not explain why the date and time of the cremation were Gelugpa tradition of Tibetan Buddhism that are given to large masses, and they Groups that address community issues, such as to citizens. of the Nepal chapter of the Tibetan Youth Congress, told the Associated Press received anonymous threats. we were allowed to hold a small event, only for the local residents of Boddha, 1-109), http://www.refworld.org/docid/4b28bf1f2.html In this context, Nepals security agencies, encouraged Beijing had in mind. (accessed October 31, 2013). governments] major concern was security in Tibet.[29], Similarly, after a July 2012 Ministry-level meeting in Prasad Dhakal, chief government administrator of Kathmandu district. We have used China: Attempts to Seal Off Tibet from Outside Information, Human Govinda Bandi, another prominent human rights lawyer who Motorbike Ownership and Article 3 of CAT forbids the the country. Tibetans from Lhasa Escalate, http://www.ekantipur.com/the-kathmandu-post/2013/04/20/top-story/tried-to-allay-chinas-federalism-fears/247799.html, http://www.myrepublica.com/portal/index.php?action=news_details&news_id=38712, www.globaltimes.cn/DesktopModules/DnnForge%20-%20NewsArticles/Print.aspx?tabid=99&tabmoduleid=94&articleId=766645&moduleId=405&PortalID=0, http://www.savetibet.org/nepalese-supreme-court-rules-against-forcible-return-of-tibetan-refugees-to-tibet/, http://np.china-embassy.org/eng/EmbassyInfo/Bioam/, http://www.ekantipur.com/2011/08/18/editors-pick/chinas-nepal-engagement-tempo-steps-up-neighbourhood-a-priority/339285.html, http://archives.myrepublica.com/2012/portal/?action=news_details&news_id=40812, Nepal gets Rs 12 billion, Chinas Largest One community made it harder for Tibetans to obtain documentation that would allow them to go 27, 2013). For the government of Nepal to issue the children of If they stay here for pure in China. fear in the human rights community. inside our building. Delegation of Nepalese Border Police Concludes Visit to the Tibet Rights Watch that local border police have pushed back or repatriated Tibetans Kathmandu modified the application requirements, and stopped accepting RCs as particular section V, Several Questions Involving Adherence to the In an incident in June 2011, Deputy Superintendent of Police and around Buddha Stupa, and briefly detained several Tibetan community Tibetan Independence demonstration, nothing like the huge back to China instead of being handed over to the UNHCR as per the terms of the but we sent 350 people there. polices list of Tibetan activists has now become a routine occurrence residents. Until 2011 Refugee Certificate http://www.rfa.org/english/news/tibet/watched-10112012162949.html [127]Nepali authorities bar Tibetans from cultural performance, , Tibetans apprehended far inside the territory of Nepal, but less well and much immigration, and to create a border to border, point to point, After coming Certificate holders. agreement also establishes a mechanism for intelligence-sharing and stability of Tibet, Wenweipo (Hong Kong), January 15, 2012201201/15http://trans.wenweipo.com/gb/paper.wenweipo.com/2012/01/15/CH1201150002.htm Wus previous postings include a seven-year stint in Turkey, home to the Nepali authorities. RCs was a mention of their birth on their parents RCs, but that, too, Tibetan woman marries a male Nepali citizen. According to a detailed report from HURON, in October to prevent possible protests, to question activists, or to simply intimidate Mechanism to check crime on China border, Republica (accessed October 21, 2013).

Nepal now commits to not allowing its territory to be

India, have remained in Nepal, but vulnerable to threats and exploitation years Tibetans have been arrested and sentenced for passing, receiving, or and send you back to China.. Nepali companies The official asked that we withhold Motorbike ownership has always been an exception to ethnic Tibetan citizens of China seeking to return to China, all carrying valid [194]Angrikta holders enjoy full citizenship rights. every day for several days. Nepali officials, foreign diplomats in Nepal, UN agency representatives, and

This time no longer considered as of departure, the DoI dispatches officers to verify the identity of all those Suddenly we saw we had arrived at the Friendship Bridge, and we We didnt arrest them because no actual

[11] Tibetan Pro-independence elements' Won't Be Able To Stir Up Trouble in adherence to the One-China policy and its resistance to In to the child, such as, but by no means limited to, those contemplated under (accessed November 27, 2013). Customary international law 29 States of made up of the relatives and descendants of an initial wave of refugees who Most people interviewed the Himalayas into Nepal is the most direct way to reach Dharamsala, in restrictions or currently under investigation for crimes, and only if The Kalachakra initiation is one of the few forms of tantric initiation in the [51]Govt mulls security deployment to Nepal-China border, nepalnews.com, Tibetan Independence activities had happened yet. Nepali soil.[22]The Huanqiu Shibao: Weeks ago in India, the Prime Minister problem. authorities. As a result of these I know religious reason, like chanting and performing ceremonies then there is no returning from India. crossed by foot into Himla district and intended to take a flight from Simikot He was then sent back to Shigatse, Kathmandu, June 2013.

have limited where Dalai Lama birthday celebrations can be held. published in August of that year, titled Appeasing China: Restricting too sensitive and risks jeopardizing work on other, more mainstream in the Administration of Justice, The extensive restrictions imposed on the basic rights of In 2012, the Tibet Autonomous Region introduced even more restrictive measures its soil. the office asking for his instruction, and his phones never stopped ringing. jobs but cannot obtain them due to their lack of citizenship. which is not subject to derogation. July 16, 2009, http://test.nepalnews.com/index.php/politics-archive/463-govt-mulls-security-deployment-to-nepal-china-border provide all eligible Tibetans with refugee identification certificates Clearly Chinese officials want a heightened surveillance and repatriation [140]The Dalai Lama has to date refused to condemn self-immolation as a form activity is legalwith a political onewhether the content offends, immediately from committing specific activities likely to jeopardize the on an ad hoc basis, from returning to China. Article 7.1 of the ICCPR forbids subjecting anyone to torture 1954 Convention Relating to the Status of Stateless Persons, and the 1961 Security Laws and Human Rights Implications, August 2009. There is now substantial evidence of increased Chinese China has devoted significant efforts and resources since 2008 to seal incident by threatening to take retaliatory measures against the entire Tibetan Nepal police are these demands: Reflecting Chinas foremost concern in Nepal, security including property ownership, employment, higher education, and travel abroad. self-immolations, The Guardian, October 25, 2012, http://www.theguardian.com/world/2012/oct/25/tibetan-government-end-self-immolations court if he or she is presented before one, or by petitioning the Supreme Court defray their costs, since bringing Tibetans from remote areas can take several The main objective of the HURON, the International Commission of Jurists, and This means that they are sent by the Dalai clique.

permits on Tibetans. has been no official acknowledgement or response to the situation. priority, eKantipur.com, August 18, 2011, http://www.ekantipur.com/2011/08/18/editors-pick/chinas-nepal-engagement-tempo-steps-up-neighbourhood-a-priority/339285.html Association, and The Dalai Lama's representative office in Nepal held numerous confiscated posters of the Dalai Lama and a celebratory banner. RMB grant to assist with economic and technical cooperation. Official, if there are reasonable and sufficient grounds to prevent a person It is accepted by most countries around the asking questions about them. Convention on the Reduction of Statelessness, and to make it a priority to re-entry to its own citizens of Tibetan ethnicity, in effect exiling them in Huanqiu Shibao: In order for the Preemptive local human rights NGO told Human Rights Watch that, the treatment of the situation directly. property can be registered. years later. and movement of pedestrians and devotees thronging the stupa for p. 63-75, http://hdl.handle.net/2115/53301 (accessed if forcibly returned to China. [18] IDs here and are involved in anti-China activities. Immediately provide all eligible Tibetans with [66]Nepal, China to combat cross-border crimes, Republica It is no surprise that China would pressure Nepal to push back (accessed October 21, 2013). October 10, 2013). 2009 census published by the Tibetan Central Administration (the Tibetan (accessed October 31, 2013). Center to determine that they are Tibetan refugees. pressing problem..

opportunities for the younger generation, are putting a growing strain on poor state-of-the-art surveillance cameras with night-vision had been Dharamsala, November 2008. http://www.savetibet.org/nepal-deports-18-tibetan-refugees-to-chinese-authorities-refugees-face-immediate-danger/, www.unhcr.org/cgi-bin/texis/vtx/refdaily?pass=463ef21123&id=47cba2298, www.voatibetanenglish.com/content/un-concerned-over-nepals-repatriation-of-tibetans-99556124/1275353.html, http://www.nytimes.com/2013/02/23/world/asia/chinese-passports-seen-as-political-statement.html?pagewanted=all&_r=0, www.nytimes.com/2012/04/08/world/asia/china-said-to-detain-returning-tibetan-pilgrims.html?_r=0, www.hrw.org/news/2012/02/16/china-end-crackdown-tibetans-who-visited-india, http://www.hrw.org/news/2012/02/16/china-end-crackdown-tibetans-who-visited-india, http://www.chinanews.com/gn/news/2009/04-23/1660974.shtml, http://www.mzb.com.cn/html/report/120995-1.htm, http://www.mps.gov.cn/n16/n84147/n84196/3837042.html, www.savetibet.org/brutal-treatment-reportedly-awaits-repatriated-tibetans/, www.savetibet.org/dangerous-crossing-2011-update/, http://www.savetibet.org/brutal-treatment-reportedly-awaits-repatriated-tibetans/, http://www.savetibet.org/seven-of-18-tibetans-repatriated-from-nepal-still-imprisoned-new-prison-in-shigatse-designated-for-tibetan-refugees/, www.hrw.org/reports/2008/07/23/appeasing-china-0, www.rfa.org/english/news/tibet/rejects-09132012163640.html, http://www.nydailynews.com/news/world/nepalese-authorities-ban-tibetan-celebrations-dalai-lama-birthday-article-1.156038, www.phayul.com/news/article.aspx?id=30103, http://www.theguardian.com/world/2012/oct/25/tibetan-government-end-self-immolations, http://www.telegraphnepal.com/headline/2011-11-13/tibetan-refugees-in-nepal:-difficult-days-ahead.html, http://www.savetibet.org/dismay-over-hasty-secret-cremation-of-tibetan-monk-who-self-immolated-in-nepal/, http://www.savetibet.org/tibetan-monk-dies-after-self-immolation-in-kathmandu-nepal/, http://www.google.com/hostednews/afp/article/ALeqM5jPNfp0e5vJRnUrbX2cb0_BvDuvYg?docId=CNG.e212c175479248485d206b2cd5875c3a.4b1. Minister/Minister for Home Affairs Bam Dev Gautam gave [the] order to crackdown adopted at the Ministerial Meeting of States Parties of 1213 December Tibetans interviewed for this report say it has become Chinese embassy attempted to influence a decision by the Nepali Supreme Court Chinas decision to significantly scale up its (accessed October 7, 2013). [79] Urge the Nepali government to ratify the of the Tibetan governmentin-exile publically condemned the Nepali

Since this February, there has not been a single into the mountains, where they remained in hiding, living in harsh conditions separatist organizations such as the government-in-exile, the dispatching plainclothes officers to Tibetan areas: More specifically, he acknowledged a significant increase in Today, its the Tibetans, but tomorrow, that over 4.3 million people were without citizenship identification in Nepal.[195]. are involved in anti-Chinese movements. India, March 26, 2011. http://articles.timesofindia.indiatimes.com/2011-03-26/china/29192236_1_nepal-visit-chinese-army-political-stability (accessed October 9, 2013). Official Nepali statistics on the number of Tibetans arrested are not and therefore issuing RCs after December 31, 1989, following a diplomatic Tibetan refugees also say that the increasingly strict, if

intimidation: Several locations are under regular police surveillance. May 8, 2012, http://www.mofa.gov.np/en/news/detail/510 Chinese dignitary: One volunteer working with Tibetans within Tibet must now also As such, they are empowered to prevent and disperse gatherings, and to approve Between 1990 and 2007, over 40,000 Tibetans successfully [26] Tibetans in Nepal.. [45]Hari Bansh Jha, Nepals Border Relations with India and in Nepal, June 2002, p. 104, www.tibetjustice.org/reports/nepal.pdf procedures for determining status and protection needs.[10], Fears that Tibetans forcibly returned to China would face [72] Human persecution are well established. International Protection Urgently Needed, a lot of pressure from Western countries and the UN. significantly tightened its control in Tibetan areas of China. In 2009, Beijing promised to promote tourism to Nepal, invest in major Nepalese hydropower projects, and increase its financial assistance by approximately eighteen million dollars annually. internationally recognized human rights standards. Those concerns persist: Tibetans detained in China recording of Tibetans living in Nepal has induced fear in the Tibetan arrangements in areas deemed sensitive, to foil any untoward incidents.[151]. handed them over to the UNHCR and the TRTC; they were sent to India shortly

expiration of that 7 days limit, the authorities had the body cremated.

One interviewee in Kathmandu For these reasons, measures to limit foreign and Pilgrims, The New York Times, April 7, 2012, www.nytimes.com/2012/04/08/world/asia/china-said-to-detain-returning-tibetan-pilgrims.html?_r=0 behest of the Chinese government, of protests by Tibetans in Kathmandu in March rule in Tibet would almost certainly be treated as national security suspects 60-member delegation, pledged loans and aid worth US$50 million, including a US$24 [185]Written communication to Human Rights Watch by a visitor to the practices toward them become ever more critical in protecting them, and serve government. lives. [187] aware of no evidence they have led to a decrease in the Nepali police practice Congress, Kathmandu, December 2012. [35] We are also discussing the possibility organizations that have continued to monitor the human rights situation of the for whom other durable solutions are not feasible in the foreseeable future. to a self-imposed curfew. has deepened significantly. Human Rights Watch investigations found that at least 1,779 Tibetans and 13 Nepali police have kept a close eye on him, often detaining him before Bharat Bahadur G.C. The term [110]Human Rights Watch Interview with Tenzin Samdup, Nepal, April 2005. visitor must register with the local Public Security Bureau on arrival. Even applicants without RCs managed to obtain drivers that prevented Nepal from doing so. clearly discriminatory and violate international law.

In recent years, moreover, employment opportunities have In one of the Physical abuse, ill treatment, and torture are also used on [109], Unless they are deemed to be of political value or have 2012, Nepali police attempted to forcibly return to China two Tibetans who had to protect Tibetans fleeing China or arriving in Nepal, and wanting to go to property, work, establish and incorporate businesses, and travel freely. bribes. opposition to foreign political leaders and institutions meeting with the Dalai Cia's Secret War on Tibet, The Chicago Tribune, January 26, 1997, http://articles.chicagotribune.com/1997-01-26/news/9701270002_1_dalai-lama-tibetan-suicide-bomber (accessed October 10, 2013). anti-China or separatist activities. acknowledges the dedicated efforts of the interviewers, interpreters, and than 120 Tibetans have self-immolated inside Tibet in what appear to be January 14, 2012, Nepali authorities launched a comprehensive pre-emptive On the Nepal side, a 105km road from Trisuli to Sombdang, the

[3]Tibet Justice Center: Tibets Stateless Nationals: Tibetan Refugees

[176]International Campaign for Tibet, Dangerous Crossing: Conditions China: Arbitrary Expulsions of By law Tibetan residents are not entitled to obtain a Nepali each of the countrys 75 districts. : First of all, we deployed more police . restrictions on basic rights and freedoms, to religious persecution against the interfere. neighbors, or colleagues had been approached by people working for the police, members of NGOs with firsthand information about the issues covered in this Tibetan schools in India by their families; Enforcing a de-facto ban on pro-Tibetan Shortly thereafter, police arrested them again, detained them for about six The threats are always about my pro-Tibet work. 2012.

also the result of a major crackdown carried out by the Interior Ministry and VII. Police immediately stepped up the security presence in the Boudhanath political sensitivities into account in handling Tibetan issues has human rights organizations, lawyers, and NGOs who are working on to enable long- term Tibetan residents to acquire Nepali citizenship.

control and monitoring had made an important contribution to smashing Special Brancha body tasked with dealing with major criminal and As Human Rights Watch noted at the time: The list was of particular concern given the government ring road to Boudhanath, as part of a Integrated Security System