DHARAMSHALA, APRIL 11: The UN Human Rights Committee has urged Nepal to register Tibetans and allow those with valid refugee claim access to Nepali territory. The request comes as UN Human Rights Committee reviewed Nepal’s second report on its compliance and promotion of the rights in the ICCPR.
The UN Human Rights Committee said it was concerned “at the restrictions imposed on Tibetan refugee rights should the State party deem any activity to undermine the friendly relationship with its neighbor.” It added that it was concerned that the lack of legislation would not protect against refoulement of Tibetans to China.
Meanwhile, Nepal rejected claims of exile Tibetans and right groups that it violates human rights of the Tibetans in Nepal by cracking down on Tibetan protests. “…when any act or activity carried out by them goes against the existing law and may undermine the friendly relationship with Nepal’s neighbour, it is the legal duty of the government to take actions as provided by law which cannot be termed as violation of human rights.,” Nepal had said in its response.
UN Human Rights Committee reviews all countries, which have ratified the ICCPR every four years. States that are signatory to the ICCPR submit their report which is reviewed over a period of one year by the UN Human Rights Committee. Non Governmental Organizations can also submit their reports during the process. Washington DC based advocacy group, the International Campaign for Tibet, had submitted a report highlighting the arrest and detention of Tibetan refugees and the issues of freedom of religion and association for Tibetans in Nepal.
The ICT has also urged Nepal to “reaffirm its adherence to Nepal’s human rights obligations and implement the UN Human Rights Committee’s recommendations on Tibetan refugees.”
Nepal, which is home to some 20,000 Tibetans, has accommodated Tibetan exiles for decades, but has come under increasing pressure from China to crack down on the political protests.
A “Gentlemen’s Agreement” between the government of Nepal and the UN High Commissioner for Refugees (UNHCR), put in place in 1989, when Nepal stopped giving them refugee status, provides for the safe transit of Tibetan refugees through Nepalese territory and onward to India.
However, rights groups say Tibetans refugees in Nepal are increasingly vulnerable and at risk of arrest and repatriation under Beijing’s influence and lack of stable government in the impoverished nation.
The UN Human Rights Committee’s review comes a week after Human Rights Watch published a 100-page report, “Under China’s Shadow: Mistreatment of Tibetans in Nepal,” that says Tibetan refugees living in Nepal are facing a de facto ban on political protests, sharp restrictions on public activities promoting Tibetan culture and religion, and routine abuses by Nepali security forces.
