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DANGEROUS CROSSING: - International Campaign for Tibet

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INTERNATIONAL CAMPAIGN FOR TIBET<br />

freedom of movement within the territory of Nepal, with the exception<br />

of areas <strong>for</strong>bidden to <strong>for</strong>eigners, unless his/her habitual residence is<br />

located in such an area.<br />

-- Inside page of Refugee Identity Card (RC)<br />

Living in Nepal is hard. There are not many opportunities if you don’t<br />

have an ID. I was born in Nepal in 1989, but I still don’t have an ID. We<br />

have no identification to say whether we are Nepali or <strong>Tibet</strong>an. Nepali<br />

people are good, but if the Nepal government would just give us refugee<br />

cards, then at least we would have a status.<br />

-- Tenzin Kunga, Paljorling <strong>Tibet</strong>an settlement, Pokhara<br />

In 1974, the Nepal government began issuing <strong>Tibet</strong>ans Refugee Identity<br />

Cards (RC), a state-recognized document which allows the holder<br />

to reside and have freedom of movement within unrestricted areas of<br />

Nepal. 152 <strong>Tibet</strong>ans were eligible <strong>for</strong> the RC if they or their parents entered<br />

Nepal be<strong>for</strong>e 1990 and once they were 16-years old. They were<br />

obligated to renew their identity card with local Nepali authorities annually.<br />

After 1989, the RC document served to distinguish between<br />

those <strong>Tibet</strong>ans who were allowed to remain in Nepal, and those who<br />

were obliged to pass through Nepali territory onward to India. In 1994,<br />

the Nepal government stopped issuing and renewing RCs to eligible <strong>Tibet</strong>ans.<br />

This did not signify a change in official policy towards <strong>Tibet</strong>ans<br />

who could carry on living in Nepal, using their out-dated RCs as proof<br />

of their right to reside there, but it did considerably weaken their status.<br />

This was most apparent when the offspring of RC-holders reached eligibility<br />

after the 1989 cut-off date. In some cases, <strong>Tibet</strong>ans were added<br />

onto their parents’ RCs when they were born, but this was done at the<br />

whim of local authorities in their settlement area. Even in these cases,<br />

this practice is not sufficient and creates obvious difficulties when both<br />

parents and child need the documentation. Without official records, it<br />

is hard to make an estimate on the exact number of <strong>Tibet</strong>ans living in<br />

Nepal without RCs, but a substantial number of <strong>Tibet</strong>ans are trapped in<br />

a bureaucratic limbo that precludes their legal access to a wide range<br />

of rights and services, including employment, higher education, driving<br />

licenses and travel documents (which permit <strong>for</strong>eign travel). Although<br />

they are bona fide refugees, their lack of an RC <strong>for</strong>ces <strong>Tibet</strong>ans into the<br />

grey areas of the law in order to maintain a normal life.<br />

<strong>Tibet</strong>ans without documents are also liable to be mistaken by Nepali<br />

authorities, whether intentionally or not, as newly arrived refugees. This<br />

59

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