Nepal's King announces stronger ties with China

13 Tibetans, one of whom is a five month old baby, are currently imprisoned in Nepal for failing to have proper travel or residence permits. They are facing up to 10 years in prison if they fail to pay fines that range from US$1300 to over US$2700 which are based on the amount of time spent in the country. One monk who had lived in Nepal has already served two years in prison with a fine payable of US$9400.

The 13 Tibetans are Sangye Dhondup, Lobsang Dorje, Ms Tenzin Yangzom (who gave birth to a boy called Tenzin Dhondup in jail on Feb. 18, 2002), Ms Sheri Tso, Dorjee Tashi, Dukar, Ms Tsepel, Sonam Lama, Sechya Lama, Heroka, Choyang Dorjee and Palden Gyatso. A 14th Tibetan was arrested on 28 January 2002 soon after his arrival in Nepal, though was later released on 18 June 2002 after the Office of Tibet in Nepal paid his relatively small fine of US$174. All were charged with violation of Article 3(1) of the Nepalese Immigration Act (1992) which states that "no foreigner is allowed to enter or stay in the Kingdom of Nepal without a visa." It is imperative that pressure be brought to bear on the Nepalese authorities to release these Tibetans immediately without fines. The lawyer representing all 13 Tibetans stated his concern that his clients had not been provided with a translator when they were questioned and did not understand the significance of many of the questions asked of them. Despite pressure from the US, UK and French Embassies in Nepal, all 13 remain in prison.

This crackdown on Tibetans in Nepal comes as China and Nepal cement their relationship with the signing of a number of economic agreements and increased cooperation on border security, particularly following Nepal's state of emergency in 2001. In a recent state visit to Nepal by Chinese President Jiang Zemin between 10-16 July 2002, the Nepalese King Gyanendra announced a strengthening of the country's ties with China with a promise that"it would not permit within its borders any activities that undermine China's interests". Evidence of this approach came on 26 July 2002 when two Tibetans organising a press conference to rebut statements made alleging that the Dalai Lama was a terrorist were detained and questioned, though were later released. China and Nepal have also increased their security cooperation since the stepping up in 1996 of the Maoist insurgency in Nepal which has resulted in the deaths of over 4,300 people, half of whom died this year.

Currently there are over 35,000 Tibetans settled in Nepal, many of whom are probably unaware of the papers that they need. Traditionally, Tibetans were able to cross the border to Nepal and stay for long periods of time without formal approval from the Nepalese authorities. After China's occupation of Tibet and the modernisation of the Nepalese state, this was replaced with a system of formal procedures. Officially the Nepalese government does not allow Tibetans to stay in the country although a 'gentleman's agreement' developed between the Nepalese authorities, the United Nations High Commission for Refugees (UNHCR) and the Tibetan Government-in-exile which allowed Tibetans to tacitly use Nepal as a transit point for the journey back and from Tibet to India. Under this agreement Tibetans continued to travel without formal papers or passports until late 2000 given the difficulties of securing such documentation from the Chinese authorities in Tibet. The end of this tacit agreement was signalled with the arrest of a group of 19 Tibetans returning to Tibet in late 2000 who were levied with high fines and imprisoned when they were unable to pay. Their fine was eventually paid by well-wishers as this appeared to be a one-off. However, these fines are setting a damaging precedent that must be addressed.

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