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THE UNHRC IN KATHMANDUThe UNHCR’s mandate with regard to newly arriving Tibetans is todetermine their status as “persons of concern,” register them, andfacilitate their safe and prompt transit out of Nepal. UNHCR considersTibetans in Nepal to be prima facie refugees from a protection perspective,but there are groups -- such as religious pilgrims, parents bringingyoung children for schooling, and others who are transiting in eitherdirection with an intention to return to Tibet in the near term -- who fallinto a gray area for UNHCR. ix Technically these individuals do not fallwithin the definition of refugees, but UNHCR attempts to assist themto the extent it can. x By virtue of its institutional refugee protectionmandate, the UNHCR also sees itself as having limited responsibilityto ensure that the long-time legally resident refugees in Nepal are notdiscriminated against or subject to maltreatment.Throughout most of 2002, the UNHCR office in Kathmandu was in astate of upheaval and there were major staff changes as a result of asex scandal in the Bhutanese refugee camps under the supervision ofthe UNHCR office. The director and deputy director were both removedfrom their posts in fall 2002, and the associated turmoil was a damagingdistraction at a time when UNHCR’s intervention was needed toforeclose backsliding by Nepal on the “gentlemen’s agreement.” Even abrief delay in UNHCR interventions can mean an unobstructed path toprison for Tibetan refugees.A UNHCR acting director was dispatched from Geneva in November2002 and by the end of the year announced that the office would beundertaking a complete internal policy review of UNHCR’s Tibetanrefugee program in Nepal. He also expressed a general frustration atthe inability of the UNHCR to fulfill its protection mandate in the region. xiIronically, Nepal’s insistence that it follows UNHCR norms on refugeeissues has been the bedrock of its refusal to signing the internationalrefugee conventions. Nepal’s status as a non-signatory and assertedcommitment to the UNHCR points to the UNHCR as the key playerin moving Nepal to develop formal domestic policies regarding Tibetanrefugees, including resident Tibetans and Tibetans returning to Tibet. TheUNHCR has convened an Eminent Persons Group in Geneva, chargedwith developing a regional protocol for South Asia that would create aframework for refugee issues in the region. The group has succeeded indrafting a model refugee law for South Asian countries, but this processreportedly remains at a very early stage.12
Left: A Tibetan human rights monitor inKathmandu examines a head wound on amonk from eastern Tibet. He suffered the blowwhile Maoist rebels were attempting to extortmoney from his group for passage. 09/02Below: Refugees awaiting safe transit to Indiaat the UNHCR Tibetan Refugee Transit Centerin Kathmandu.In May 2001 the TRTC began issuing a temporary travel document forTibetans in transit. Although the UNHCR appreciated the limited protectionfrom arrest that possession of this card could provide, it would notissue the card under its auspices. Neither would the Nepalese HomeMinistry take a position of the advisability or utility of the cards. The card,with a photo of the bearer, states in English, Nepali, Hindi and Tibetanthat that he or she is “of concern” to the UNHCR. When the refugeearrives in Dharamsala, India, the card is filed. Should the bearer wish toreturn to Tibet someday, they can reclaim their card for final surrenderat the TRTC in Kathmandu. There have been some stories that Tibetanreturnees were able to avoid arrest in Nepal by showing the card. UNHCRwas not able to comment on the efficacy of this new system, but Tibetanofficials in Kathmandu and Dharamsala indicated it was working well. xiiUnfortunately, in the near term, the UNHCR Kathmandu office continues toundergo a series of personnel changes that have resulted in a loss ofinstitutional expertise for the Tibet refugee programs. A degree ofstability in the UNHCR office is necessary for effective advocacyon behalf of Tibetans in Nepal.13
Page 1 and 2: dangerous crossingConditions Impact
Page 3 and 4: International Campaign for TibetMay
Page 5 and 6: An ICT human rights monitor travels
Page 7 and 8: Once Tibetan refugees successfully
Page 9 and 10: Most Tibetan refugees are so obviou
Page 11 and 12: Nepal is not a party to internation
Page 13: Dili Bazaar prison, Kathmandu’sma
Page 17 and 18: The Tibetan community has reciproca
Page 19 and 20: not only detrimental to China,” c
Page 21 and 22: July 25A press conference called by
Page 23 and 24: In the 2001 report, Dangerous Cross
Page 25 and 26: 10. Provide an identification card
Page 28: 1825 K Street, NWSuite 520Washingto

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