DANGEROUS CROSSING: - International Campaign for Tibet

DANGEROUS CROSSINGS: CONDITIONS IMPACTING THE FLIGHT OF TIBETAN REFUGEES, 2011
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heart of a desperate Tibetan population and are damaging on both individual
and community levels. They also deny Tibetans recourse of protection from
Nepali police and expose them to corruption by the same.
a) Freedom of movement
“International human rights law prohibits restrictions on the freedom of
movement, including that of non-nationals, except when the restrictions, prescribed
by law, are ‘necessary to protect national security, public order, public
health or morals or the rights and freedoms of others,’ and are consistent
with the other fundamental rights. The restrictions placed by the Nepal government
on Tibetans have not met these requirements.” 187
Human Rights Watch
“The Government (Nepal) continues to obstruct peaceful gatherings by Tibetans
and Nepalis of Tibetan origin, including detaining demonstrators in violation
of orders from Nepal’s Supreme Court.” 188
International Commission of Jurists and Human Rights Watch
For large numbers of Nepal’s Tibetan population, the ability to travel to and
from India is crucial. Many refugees have family and friends among the
94,000-strong 189 Tibetan refugee population there. Dharamsala, in Himachal
Pradesh, is the centre of Tibetan life outside of Tibet. It is the seat of the
Tibetan Government in Exile and prominent sections of Tibetan civil society,
including the Tibetan Women’s Association, the Tibetan ex-political prisoner
organization Gu Chu Sum and the Tibetan Centre for Human Rights and
Democracy. India is also home to some of the best Tibetan-curricular schools,
including the only schools for Tibetan children with special needs. In terms of
religion, large numbers of Tibetan monasteries - including that of Tibet’s spiritual
leader, the Dalai Lama - are spread throughout India. The many Buddhist
pilgrimage sites in India are a pull for Tibetans, and Buddhist teachings, like
the Kalachakra initiation, draw thousands of practitioners to India.
The ease with which Tibetans in Nepal could travel to India came to a sudden
end in 2005 with the closures of the Office of the Representative of His Holiness
the Dalai Lama and the Tibetan Welfare Office. Where travel could be expedited
by a letter of recommendation from an official Tibetan representative,
this was no longer possible, leaving Tibetans wishing to travel by air to India
to apply for a refugee travel document – a lengthy and expensive procedure.
Restrictions have also increased for Tibetan refugees with the equivalent Indian
RCs coming into Nepal. The Indian License Office no longer issues the
recommendation letters which were used as travel documentation. As a re-