(Please contact Free Tibet Campaign if acting after 31 May 2004)

Nepal has continued to allow Tibetan refugees to be summarily handed over to the Chinese authorities according to reports by the International Campaign for Tibet (ICT). This is despite the promise it made to the international community in August 2003 following international condemnation of the forcible deportation of 18 Tibetans in May 2003. The most recent incident came on 13 January 2004, when three Tibetan refugees, one of whom was a minor, were summarily handed over to the Chinese authorities by immigration officials after they were caught inside Nepal's border without proper papers. Nepal had agreed in August 2003 to effectively reinstate the 'gentleman's agreement' that allowed the United Nations High Commission for Refugees (UNHCR) to process Tibetan refugees, thereby allowing them to travel safely to India.

Radio Free Asia also reported on 9 January, 2004 that 21 Tibetans in three groups had been summarily deported at the border. When ICT questioned the Nepalese authorities, they were unable to confirm this latest incident, though officials indicated that if they did occur it was as a result of poor communication or lack of understanding of the government's policies. Clearly this is an inadequate response, as it is incumbent upon any government to ensure that its officials understand and implement any changes in policy. According to ICT, the Home Ministry has made no attempt to ensure that information is disseminated to border personnel in order to ensure no such recurrences. ICT stated that Nepalese army commanders still have standing orders to return Tibetans without proper papers to the Chinese.

These hand-overs of Tibetan refugees at the border illustrates Nepal and China's growing links. Both countries have signed a number of agreements over the last few years on political, trade and security issues at a time when Nepal is in a huge state of flux as a result of the Maoist uprising.

Nepal is also at pains not to offend China, signalled by a statement from the Nepalese King in July 2002 which said that " [Nepal] would not permit within its borders any activities that undermine China's interests" and there have indeed be limitations placed upon activities of Tibetans, particularly in the run-up to the Dalai Lama's birthday in July.

Returned refugees are almost certainly being held at Shigatse in a new prison called "Tibet's New Reception Centre," . This holds Tibetans caught attempting to flee into exile, as well as Tibetans who are returning to Tibet after going to school or visiting family in Nepal and India. It also emerged that, contrary to the information given to Western journalists in Lhasa in September 2003, seven of the 18 Tibetans who were forcibly repatriated in May 2003 remain in prison, suffering torture. The authorities in Lhasa had claimed that almost all had been released. According to information that only recently came to light, the 18 deported Tibetans spent 11 days at a Nyalam prison near the Tibet-Nepal border before being transferred to the "New Reception Centre" in Shigatse on 10 June, 2003. Former prisoners from Nyalam reported to ICT that the 18 were badly beaten and tortured with electric batons.

According to former inmates, there were approximately 300 prisoners in detention at the New Reception Centre in June 2003 and in November there were an estimated 450 to 500. Nearly all of the prisoners are Tibetans who have been caught at the Nangpa pass or near the Friendship Bridge border crossing near Dram (Ch: Zhangmu), the main commercial border crossing into Nepal from Tibet.

Approximately 2,500 Tibetan refugees escape into exile annually, travelling through Nepal en route to India. Human rights organisations and the UNHCR often only learn of arrests by Chinese border patrols, or of deportations of Tibetan refugees by Nepalese officials, when refugees make a successful re-attempt at escape. Refugees who are caught coming back from India or Nepal are reportedly treated much more harshly and receive longer sentences than those who are caught trying to leave Tibet, according to former inmates. Tibetans who have served sentences in the New Reception Centre or at Nyari prison in Shigatse report that most individuals caught at the border serve a prison sentence of three to five months. They have to pay a fine ranging from 1700 to 5000 yuan (US $ 212-625) and are regularly beaten and tortured (most commonly being hit with an electric baton). They must also perform hard labour, usually road building in and around Shigatse.

In addition, each prisoner must sign a document that states that they will never again attempt to leave the People's Republic of China to go to India and family members also have to sign as guarantors that the prisoner will not try to flee again.

Action

1) Call on the Nepalese Prime Minister to instruct the Nepalese Home Ministry to issue written instructions to the Nepalese army and border police to hand over all Tibetan refugees to the UNHCR for assessment and transit to India. Ask for an assurance that Nepal will adhere to the commitment it made in August 2003. Point out that seven of the 18 Tibetan refugees who were forcibly returned to Tibet are still in detention where it has been reliably reported that they have suffered torture (thus illustrating why they should not be forcibly returned).

Note: the Prime Minister retains responsibility for the Home Affairs portfolio currently.

2) Write to the Chinese Foreign Minister, Li Zhaoxing urging him to release the seven Tibetan refugees who have been held since May 2003. Urge him to investigate the reliable reports of torture of the seven at "Tibet's New Reception Centre".

3) Write to the British Minister with responsibility for Nepal, Mike O'Brien urging him to make representations to the Nepalese authorities to ensure that border army and police personnel are aware of Nepal's commitment not to forcibly return Tibetan refugees.

4) Please also write to the British Ambassador in Nepal raising the same concerns that you have with the Minister, Mike O'Brien

1. Prime Minister
Name: Prime Minister, Surya Bahadur Thata
Address: Prime Minister's Office
His Majesty's Government of Nepal
Singha Durbar
Kathmandhu
Nepal
Email: infopmo@most.gov.np
Fax: +977 14 227 286
Salutation: Your Excellency

2. Minister of Foreign Affairs
Name: Li Zhaoxing, Minister of Foreign Affairs
Address: Ministry of Foreign Affairs, No. 2, Chaoyangmen Nandajie,
Chaoyang District,
Beijing, 100701,
People's Republic of China
Salutation: Your Excellency

3. UK Minister with responsibility on Nepal
Name: Minister of State, Mike O'Brien MP
Address: Foreign and Commonwealth Office
King Charles St,
London SW1A 2AH
Fax: 020 7008 3539
Email: paul.clark@fco.gov.uk
Salutation: Dear Minister.

4. HM Ambassador to Nepal.
Name: Ambassador Keith Broomfield
Address: British Embassy
Lainchaur
PO Box 106
Kathmandhu
Nepal
Email: Britemb@wlink.com.np
Fax: +977 14 11 789 or 416723
Salutation: Dear Ambassador

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