Need of Resettlement of Tibetan Refugees from Nepal: a Geo-Political Perspective
NEED OF RESETTLEMENT OF TIBETAN REFUGEES FROM NEPAL: A GEO-POLITICAL PERSPECTIVE
A thesis presented to the Faculty of the U.S. Army Command and General Staff College in partial fulfillment of the requirements for the degree
MASTER OF MILITARY ART AND SCIENCE General Studies
by
KANCHAN K BASNET, MAJOR, NEPALESE ARMY MPA, Tribhuwan University, Kathmandu, Nepal, 2011 MSS, Tribhuwan University, Kathmandu, Nepal, 2017
Fort Leavenworth, Kansas 2018
Approved for public release; distribution is unlimited. Fair use determination or copyright permission has been obtained for the inclusion of pictures, maps, graphics, and any other works incorporated into this manuscript. A work of the United States Government is not subject to copyright, however further publication or sale of copyrighted images is not permissible.
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14. ABSTRACT The Tibetan refugee issue is one of the critical problems for Nepal due to its geo-political and security implications. The 20,000 Tibetans, who are already in Nepal and the thousands of Tibetans who want to cross the Himalayas, either to remain in Nepal illegally or transit to India to join the Tibetan Government in Exile (TGIE) are a matter of concern for all the three neighboring countries. China considers the Tibetan exiles as separatists and urges Nepal to close the route to India whereas India welcomes the Tibetan refugees and provides asylum. This geo-political rivalry between the two historic rivals puts Nepal in a great diplomatic dilemma to handle the case of Tibetan refugees. Nepal has not ratified any of the United Nations conventions for refugees and thus deprives itself a legal means for resolving the asylum questions. Tibetan demonstrations for “Free Tibet Campaign” and self-immolation acts have exacerbated the security challenges for Nepal. Of note, Nepal had a bitter history of Tibetan guerilla operations from its soil against the Chinese government. Against this backdrop, Nepal needs to identify the better solution to mitigate the Tibetan refugee problem as soon as possible in order to prevent itself from being a proxy state of the rival neighboring countries. 15. SUBJECT TERMS Tibetan Refugees, Khampa Guerillas, Central Tibetan Administration, Proxy war, Security Implications, Resettlement 16. SECURITY CLASSIFICATION OF: 17. LIMITATION 18. NUMBER 19a. NAME OF RESPONSIBLE PERSON OF ABSTRACT OF PAGES a. REPORT b. ABSTRACT c. THIS PAGE 19b. PHONE NUMBER (include area code) (U) (U) (U) (U) 107 Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std. Z39.18
ii MASTER OF MILITARY ART AND SCIENCE
THESIS APPROVAL PAGE
Name of Candidate: Maj Kanchan K. Basnet
Thesis Title: Need of Resettlement of Tibetan Refugees from Nepal: A Geo-Political Perspective
Approved by:
, Thesis Committee Chair LTC Aljone D. Lopes, M.A.
, Member John T. Kuehn, Ph.D.
, Member William T. Pugh, MPA
Accepted this 15th day of June 2018 by:
, Director, Graduate Degree Programs Robert F. Baumann, Ph.D.
The opinions and conclusions expressed herein are those of the student author and do not necessarily represent the views of the U.S. Army Command and General Staff College or any other governmental agency. (References to this study should include the foregoing statement.)
iii ABSTRACT
NEED OF RESETTLEMENT OF TIBETAN REFUGEES FROM NEPAL: A GEO- POLITICAL PERSPECTIVE, by Major Kanchan K Basnet, 107 pages.
The Tibetan refugee issue is one of the critical problems for Nepal due to its geo-political and security implications. The 20,000 Tibetans, who are already in Nepal and the thousands of Tibetans who want to cross the Himalayas, either to remain in Nepal illegally or transit to India to join the Tibetan Government in Exile (TGIE) are a matter of concern for all the three neighboring countries. China considers the Tibetan exiles as separatists and urges Nepal to close the route to India whereas India welcomes the Tibetan refugees and provides asylum. This geo-political rivalry between the two historic rivals puts Nepal in a great diplomatic dilemma to handle the case of Tibetan refugees. Nepal has not ratified any of the United Nations conventions for refugees and thus deprives itself of means for resolving asylum claims. Tibetan demonstrations for “Free Tibet Campaign” and self-immolation acts have exacerbated the security challenges for Nepal. Of note, Nepal had a bitter history of Tibetan guerilla operations from its soil against the Chinese government. Against this backdrop, Nepal needs to identify the better solution to mitigate the Tibetan refugee problem as soon as possible in order to prevent itself from being a proxy state of the rival neighboring countries.
iv ACKNOWLEDGMENTS
This research could not have been possible without the support and guidance from
the members of my thesis committee. I am very grateful to the thesis chair LTC Lopes,
and my readers Dr. Kuehn and Mr. Pugh for their relentless and concerted guidance and
cooperation. More importantly, my research facilitator Dr. Rhoda Risner provided a
detailed insight to frame my research work through small group meetings and preliminary
mock defense.
My special thanks goes to the staffs of the Combined Arms Research library who
supported me through inter-library loan books and online search of peer reviewed
materials. I am thankful to Major Pravu Mahat of Nepalese Army War College, Deputy
Superintendents of Police (Armed Police Force, Nepal) Jeeven K.C and Sudhir Jung
Thapa for providing necessary resources for the research.
At last but not the least, my sponsors Mr. Matthew Fuherer, Ms. Karin Franson, and Mr. Barry Magnuson are my sources of inspiration who constantly motivated me to go on with the research works. I thank my wife Jyoti Chhetry and my daughter
Yashashwi Basnet for understanding me and assisting throughout the research work.
v TABLE OF CONTENTS
Page
MASTER OF MILITARY ART AND SCIENCE THESIS APPROVAL PAGE ...... iii
ABSTRACT ...... iv
ACKNOWLEDGMENTS ...... v
TABLE OF CONTENTS ...... vi
ACRONYMS ...... viii
ILLUSTRATIONS ...... ix
TABLES ...... x
CHAPTER 1 INTRODUCTION ...... 1
Background ...... 1 Purpose of the Study ...... 7 Problem Statement ...... 7 Research Questions ...... 8 Definitions of Terms ...... 9 Limitations ...... 18 Scope and Delimitations ...... 18 Assumptions ...... 19 Significance of the Study ...... 19 Summary ...... 19
CHAPTER 2 LITERATURE REVIEW ...... 21
Tibetan Refugee Influx in Nepal- A Geo-Political Relation ...... 22 Security Implications of Tibetan Refugees in Nepal ...... 24 Resettlement of Tibetan Refugees from Nepal ...... 28 Policy Considerations for the Peaceful Settlement of Refugee Problem in Nepal ...... 31 Summary ...... 33
CHAPTER 3 RESEARCH METHODOLOGY ...... 35
Research Setting ...... 36 Theoretical and Methodological Framework ...... 37 Data Collection and Analysis ...... 38 Interpretation and Representation of Data ...... 40 Summary ...... 40
vi CHAPTER 4 ANALYSIS ...... 41
Cluster One: The Geo-Political Realm ...... 42 Geographic Proximity ...... 44 Historic and Religious Ties ...... 45 Social and Cultural Affinity ...... 46 Cluster Two: Security Implications ...... 48 Challenges to National Security and Interest ...... 49 Degradation of International Relations ...... 54 Road Towards a Proxy State ...... 56 Cluster Three: Necessity of Resettlement ...... 60 Security Factors ...... 60 Humanitarian Factors ...... 61 Cluster Four: Policy Considerations ...... 63 Lack of National Legislation on Refugees ...... 64 Role of UNHCR ...... 64 The Case of Bhutanese Refugees ...... 66 Search for the Third Country Resettlement ...... 67 Thematic Analysis ...... 71 Summary ...... 72
CHAPTER 5 CONCLUSIONS AND RECOMMENDATIONS ...... 74
Summary of Findings ...... 75 Recommendations ...... 77 Government of Nepal ...... 77 Government of India ...... 78 Government of China ...... 78 CTA ...... 79 UNHCR ...... 79 Host Nations for Resettlement (U.S., UK, Canada, Australia, Etc.)...... 79 Summary ...... 80
APPENDIX A TIBETAN SETTLEMENTS IN INDIA, BHUTAN AND NEPAL AS OF 2002...... 81
APPENDIX B AN OUTLOOK ON TIBETAN GOVERNMENT IN EXILE (TGIE) .....82
APPENDIX C THE 17 POINT AGREEMENT BETWEEN CHINA AND TIBET, 1951...... 83
APPENDIX D UNITED STATES REFUGEE ADMISSION FLOW CHART ...... 86
APPENDIX E H.R.6536 –110TH CONGRESS (2007-2008) ...... 87
BIBLIOGRAPHY ...... 89
vii ACRONYMS
CIA Central Investigation Agency
CTA Central Tibetan Administration
HO Home Office
IO International Organization
LTTE Liberation Tigers of Tamil Eelam
LWS Lutheran World Service
NGO Non-Governmental Organization
RC Refugee Certificate
SAARC South Asian Association for Regional Co-operation
TAR Tibetan Autonomous Region
TGIE Tibetan Government in Exile
TYC Tibetan Youth Congress
UN United Nations
UNHCR United Nations High Commissioner for Refugees
UK United Kingdom
U.S. United States
USARP United States Refugee Admissions Program
VPR Vulnerable Person Resettlement
WFP World Food Program
viii ILLUSTRATIONS
Page
Figure 1. Tibetan Settlements and Border Crossing Areas in Nepal ...... 4
Figure 2. The 14th Dalai Lama of Tibet...... 10
Figure 3. Khampa Guerillas in Mustang Region of Nepal during 1970 ...... 13
Figure 4. CTA Organizational Structure ...... 16
Figure 5. Self-Immolation by a Tibetan Monk in Nepal ...... 17
Figure 6. Research Conceptual Linkage and Alignment...... 36
Figure 7. Geographical Position of Nepal and Tibet ...... 43
Figure 8. Border Entry Points in Nepal-Tibet Border ...... 45
Figure 9. Free Tibet Campaigners Confront with Nepalese Police ...... 52
Figure 10. Tibetan Settlements in Kathmandu after 2015 Earthquake ...... 62
Figure 11. Process Priorities for U.S. Refugee Resettlement Program ...... 69
Figure 12. Tibetan Settlements in India, Nepal and Bhutan as of 2002 ...... 81
Figure 13. United States Refugee Admission Flow Chart ...... 86
ix TABLES
Page
Table 1. Tibetan Settlements in Nepal ...... 3
Table 2. Collectively Expressed Aggression by Tibetans ...... 5
Table 3. Number of Refugee Flow from Tibet to India via Nepal ...... 54
Table 4. An Outlook on Tibetan Government in Exile (TGIE) ...... 82
x CHAPTER 1
INTRODUCTION
Background
Nepal is a small mountainous country in south Asia. It lies between the two giant countries India and China. According to the annual census of 2011 carried out by the
National Bureau of Statistics of Nepal, a total of 26,494,504 population resides in Nepal with the population growth rate of 1.35 per annum. The increasing population problem is aggravated by the influx of Tibetan and Bhutanese refugees in Nepal. However, 105,000
Bhutanese refugees, who were in Nepal from 1991 are being resettled in third countries including the United States of America (U.S.). But the Tibetan refugee problem is still at large till date. The Tibetan Refugees issue is one of the longest running problems in
Nepal since 1959. The case of Tibetan Refugees has become one of the critical problems for Nepal in recent years due to their increased activities against the Chinese government.
The demographic survey of Tibetans in exile carried out by the planning commission of the Central Tibetan Administration (CTA) in 2010 states that approximately 128,014 refugees reside in the world that includes 94,203 in India, 13,514 in Nepal, 1,298 in
Bhutan, and 18,999 in rest of the world.1
1 Central Tibetan Administration, “Tibet in Exile,” accessed March 05, 2018, http://tibet.net/about-cta/tibet-in-exile/.
1 The United Nations High Commissioner for Refugees (UNHCR) reports of 2011 states that about 15,000 Tibetan refugees are residing in various camps in Nepal.2
However, many analysts believe that there are a larger number of illegal Tibetans
currently residing in Nepal. Ms. Moynihan, a reporter of Rangzen, the Tibetan affiliated
online portal, in 2012, reported an estimated figure of more than 25,000 Tibetans
refugees residing in Nepal.3
The Tibetan Refugee problem in Nepal started with the occupation of Tibet by
China in 1959 following the Lhasa uprising. Many more crossed the Himalayas when the
Nepalese government forcibly shut down the anti-Chinese Tibetan guerilla bases in the
Mustang region of Nepal in 1974 and granted asylum to those who surrendered (about
1800).4 Following the 1959 Tibetan Uprising and exile of Dalai Lama, over 20,000
Tibetans migrated to Nepal in the years of 1959, 1960 and 1961 and since then many
have settled in Refugees camps set up by International Committee of the Red Cross
(ICRC), the government of Nepal, the Swiss government, the Service for Technical
Cooperation Switzerland and the Australian Refugees Committee.5 Currently. Tibetan refugees are scattered in twelve different settlements in Nepal.
2 United Nations High Commissioner for Refugees, UNHCR Global Report 2011 - Nepal, accessed September 10, 2017, http://www.unhcr.org/en-us/publications/fundr aising/4fc880b50/unhcr-global-report-2011-nepal.html?query=tibetan refugees in nepal.
3 Rangzen Alliance, “Tibetans in Nepal: The Lost Sanctuary,” April 5, 2012, accessed September 15, 2017, http://www.rangzen.net/2012/04/05/tibetans-in-nepal-the- lost-sanctuary/.
4 Tibet Justice Center, Tibet’s Stateless Nationals: Tibetan Refugees in Nepal (Berkeley, CA: Tibet Justice Center, 2002), 31-32.
5 Ibid., 34-35.
2 Table 1. Tibetan Settlements in Nepal
Source: Central Tibetan Relief Committee, “Tibetan Refugee Settlements in Nepal,” accessed August 15, 2017, http://centraltibetanreliefcommittee.org/doh/settlements/nepal/settlements-in-nepal.html.
3
Figure 1. Tibetan Settlements and Border Crossing Areas in Nepal
Source: Human Rights Watch, “Under China’s Shadow, Mistreatment of Tibetans in Nepal,” June 16, 2015, accessed September 30, 2017. https://www.hrw.org/report/2014/04/01/under-chinas-shadow/mistreatment-tibetans- nepal.
Taking advantage of this kind of asylum in a poor country, the Tibetan refugees
have engaged in anti-China activities, including the “Free Tibet Movement” campaign, self-immolation acts, and anti-China demonstrations.6 These activities are against the national interest of Nepal, i.e. to maintain a diplomatic balance with its neighbors as well
6 The Kathmandu Post, “Security Tightened To Contain Tibetan Refugees’ Protests,” March 10, 2014, accessed October 14, 2017, http://kathmandupost.ekantipur.com/news/2014-03-10/security-tightened-to-contain- tibetan-refugees-protests.html.
4 as to support the “One China Policy”.7 Aryal and Venkatasubramanian presents the chronological history of the Tibetan movement as follows:
Table 2. Collectively Expressed Aggression by Tibetans
Source: Achyut Aryal, “Democratization Impacts on Perception Expression: A Comparative Study of Pre-1990 and Post-1990 Scenario of Tibetan Refugee Minority in Nepal,” Journal of Socialomics 4, no. 2 (2015): 6, accessed March 4, 2018, doi:10.4172/2167-0358.1000126.
The geo-politics of Nepal plays an important role in shaping the diplomatic
relations between its two neighbors India and China. The proximity to Tibet and India
has made Nepal a transit country for the Tibetans to move to India where the Tibetan
religious leader Dalai Lama has been running his Central Tibetan Administration (CTA)
or the Tibetan Government in exile (TGIE). China views Tibetan refugees as a potential
threat to its territorial integrity whereas India considers Tibetan refugees as a valuable
7 Ministry of Foreign Affairs, “Nepal-China Relations,” Nepal MOFA, accessed October 14, 2017, http://mofa.gov.np/nepal-china-relations/.
5 bargaining chip to counterbalance Chinese threats to its sovereignty.8 Thus the anti-China activities of the Tibetan refugees have the potentiality to threaten the balanced diplomatic triangle between India, Nepal and China. Moreover, Nepal can be a proxy state because of the strategic interests of the neighbors associated with the Tibetan refugees. Nepal could have repatriated the Tibetans in exile diplomatically, but China would not accept the return of Tibetan refugees under any circumstance.9 The Tibetan leadership’s first formal contact with the Chinese government was in August 1993. Since then, only a few talks with official delegations from both sides have occurred. The last known dialogue between the two delegations was reported in June 2007. China has already informed that it would not talk with Dalai Lama on the issue of Tibet independence. Dalai Lama’s
“middle way approach” of 1988 in order to seek for the autonomy of Tibet instead of full independence was also denied by China.10 The security implications of the Tibetan refugees and the potential emergence of a proxy war between India and China over the
8 Kamal Raj Sigdel, “Refugees and Geopolitics: Exploring US and Indian Influences in the Treatment of Bhutanese and Tibetan Refugees in Nepal” (Master’s thesis, Mahidol University, Salaya, Thailand, 2013), accessed September 30, 2017, http://www.unsam.edu.ar/ciep /wp-content/uploads/2014/11/Refugees-and-geopolitics- exploring-US-and-Indian-influences-in-the-treatment-of-Bhutanese-and-Tibetan- refugees-in-Nepal.pdf, 19.
9 Jason Burke, “Tibetan Leader Calls on China to End ‘Repressive Policies’,” The Guardian, June 05, 2014, accessed September 15, 2017, https://www.theguardian.com/world/2014 /jun/05/tibetan-leader-calls-on-china-end- repressive-policies.
10 The Office of Tibet, “Overview of Sino-Tibetan Dialogue,” accessed March 05, 2018, http://www.officeoftibet.com/index. php/ 2014-08-21-17-01-23/overview-of-sino- tibetan-dialogue.
6 Tibetan refugee issues signals the need of resettlement of the Tibetan refugees of Nepal
to willing third party countries.
Purpose of the Study
There are many reports, books, articles and online publications that have come out
on the Tibetan refugee problems and many of those have analyzed the issue to fulfill their
own research requirements and interests. However, there are only a few articles on the
security implications from the Tibetan refugees and the need of resettlement of the
refugees from Nepal. Hence, the purpose of this paper is to address the research gap on
how the Tibetan refugee problem is a threat to the national security of Nepal and why the
resettlement of these refugees is of utmost importance from a geo-political perspective.
This paper will also address the probability of resettlement of Tibetan refugees to third party countries taking the historic example of the resettlement of the Bhutanese refugees from Nepal to the United States and other countries.
Problem Statement
The Tibetan Refugees issue is one of the longest running problems in Nepal since
the 1951 occupation of Tibet by the Chinese military forces. The Tibetan refugee
problem has political, economic and security implications in the Nepalese geo-politics.
There is evidence that the Tibetan refugees in Nepal are involved in the “Free Tibet
Movement” and anti-Chinese activities under the leadership of the Tibetan religious leader, Dalai Lama, who runs TGIE from Dharamsala, India, with the support of the
7 Indian government.11 The deposed Tibetan Government, under the Dalai Lama, is a primary concern for the Chinese administration who continues to seek Nepalese commitment in neutralizing the anti-China activities on Nepalese soil and limit the possibility of Nepal being used as playground for anti-China activities.12 The escalation
of tensions between India and China via Nepal because of this Tibetan refugee problem,
cannot be ruled out. Nepal is now in a diplomatic dilemma on how to handle the Tibetan
refugee problem by balancing the age-long cordial relations with both neighbors. There
might be several approaches to address this complex problem, but the best way to resolve
it is to call for the resettlement of the refugees outside of the Nepal. Therefore, the
resettlement of Tibetan refugees should be raised in the international forum before it is
too late.
Research Questions
The research paper will endeavor to answer the primary question: Is there a need
of resettlement of Tibetan refugees from the geo-political perspectives of Nepal?
Likewise, the following secondary questions will be answered to conduct a viable analysis and come to a practical conclusion:
1. What are the geo-political relations to the Tibetan refugee influx in Nepal?
11 Dan Twining, “Could China and India go to War over Tibet?” Foreign Policy, March 10, 2009, accessed October 14, 2017, http://foreignpolicy.com/2009/03/10/could- china-and-india-go-to-war-over-tibet/.
12 Jon Krakauer, “Why Is Nepal Cracking Down on Tibetan Refugees?” December 28, 2011, accessed October 27, 2017, https://www.newyorker.com/news/news-desk/why-is-nepal-cracking-down-on-tibetan- refugees.
8 2. Do the Tibetan refugees pose a threat to Nepalese security interests from the
geo-political perspectives?
3. What are the factors that necessitate the Tibetan refugee resettlement from
Nepal?
4. What are some policy considerations for the resettlement of Tibetan refugees
from Nepal?
Definitions of Terms
Dalai Lama. The Dalai Lama is the title offered to the spiritual and political leader of the Tibetan people. Tibetan Buddhists believe that the Dalai Lamas are the rebirth of the Buddha to serve humanity. The first Dalai Lama was identified in the 15th century.
The current Dalai Lama, Tenzin Gyatso, was born on 6 July 1935 in Amdo, Tibet. After fleeing to India in 1959, the Dalai Lama became the global advocate for Tibet and a highly respected religious leader. He was awarded the Nobel Peace Prize in 1989.13
13 Free Tibet “The Dalai Lama and Tibet,” September 29, 2017, accessed March 03, 2018. https://freetibet.org/about/dalai-lama.
9
Figure 2. The 14th Dalai Lama of Tibet
Source: Northlines, “Dalai Lama’s Visit to Ladakh May Enrage China,” July 31, 2017, accessed August 30, 2017, http://www.thenorthlines.com/dalai-lamas-visit-ladakh-may- enrage-china/.
Establishment 22. A secret special force set up by the Indian government
recruiting the Tibetan exiles during the Indo-China war of 1962 with the help of the U.S.
Central Investigation Agency (CIA). The group took its name after the 22 Mountain
Regiment that had fought for during WWII. According to the Hindustan Times daily, the
regiment, also known as the Special Frontier Force (SFF) participated during India-
Bangladesh War of 1971, Operation Meghdoot (securing the Siachen glacier in 1984) and
Kargil war with Pakistan in 1999. It is reported that SFF’s mandate has been changed to
10 include anti-terrorist operations. The total number of the force was up to 20,000 during
1970.14 Many young Tibetan exiles still serve in the SFF under Indian Army.15
Free Tibet. Free Tibet is a United Kingdom (UK) based non-governmental
organization (NGO) founded in 1987 which advocates for “a free Tibet in which Tibetans
are able to determine their own future and the human rights of all are respected. Free
Tibet campaigns for an end to what it calls “China’s occupation of Tibet” and for international recognition of Tibetans’ right to freedom.16
Geo-politics. Geo-politics is the study of the relationship between geographical
factors and the politics of states and nations, and of states’ interactions with their neighboring countries and the international community.17. Merriam Webster dictionary
defines geo-politics as: “the study of the influence of such factors as geography,
economics, and demography on the politics and especially the foreign policy of a state.”18
14 Amitava Sanyal, “The Curious Case of Establishment 22,” Hindustan Times, November 14, 2009, accessed March 03, 2018, https://www.hindustantimes.com/india/the-curious-case-of-establishment-22/story- eiDenZvNioffJFupLzNGOI.html.
15 Pakistan Defence, “Establishment-22 - India’s Tibetan Troop,” January 25, 2015, accessed March 03, 2018, https://defence.pk/pdf/threads/establishment-22-indias- tibetan-troop.355469/.
16 Free Tibet, “About Free Tibet,” accessed October 14, 2017, https://freetibet.org/about-us.
17 Rajan Bhattarai, “Geo-Politics of Nepal and International Responses to Conflict Transformation,” accessed September 15, 2017, https://indiamadhesi.files.wordpress.com/2008/10/geopolitics-of-nepal.pdf.
18 Merriam-Webster Dictionary, “Geopolitics,” accessed September 15, 2017, https://www.merriam-webster.com/dictionary/geopolitics.
11 Khampa Uprising. Khampa uprising was the revolt against Chinese invasion by
the local people of Kham and Amdo region of Tibet after the Tibet was invaded by China
during 1950s. They were organized in 1956 under the leadership of Gompo Tashi
Andrugtsang and carried out guerilla operations against the Chinese military forces.
Initially the Khampa guerillas were supported by CIA during the presidency of Dwight
D. Eisenhower with training and arms but the U.S. altered its policy during 1960 due to
the cold war constraints and ongoing presidential elections.19 Pressured by the Chinese military forces and the abandonment of support by the Americans, the Khampa leaders then selected the northern most remote area of Nepal called Mustang in order to continue their fight for freedom. The Khampa guerilla established camps in the Mustang region of
Nepal and carried out guerilla operations against the Chinese government during 1960s.
These guerillas were supported by India as well especially during the limited war between India and China in 1960.20 When the Chinese authority came to know about the
existence of guerilla camps in Nepal, it soon pressured Nepal to carry out military
operations against them. Alarmed by the deteriorating situation, Nepalese Army
19 Yuliya Babayeva, “The Khampa Uprising: Tibetan Resistance Against the Chinese Invasion” (Honors College Theses Paper 31, Pace University, New York City, NY, 2006), accessed November 10, 2017, http://digitalcommons.pace.edu/honorscollege_theses/31.
20 Kenneth Conboy and James Morrison, “The CIA’s Secret War in Tibet - Agentura.Ru,” 2002, accessed March 3, 2018, http://www.bing.com/cr?IG=1BDB9547E1F24ACBAD611B002BE85AB5&CID=2665B 784D4FF669B1C02BC23D5506705&rd=1&h=EH49g0bGTz4miLVWnk_MTEV- O3TTGr9Gc0AcGW1XJb4&v=1&r=http%3a%2f%2fwww.agentura.ru%2flibrary%2fT HECIA.doc&p=DevEx,5053.1.
12 conducted military operations in 1974 that resulted to the death of the guerilla
commander Gyato Wangdu and surrender of the remaining Khampa guerilla fighters.21
Figure 3. Khampa Guerillas in Mustang Region of Nepal during 1970
Source: Mikel Dunham, “Tibetan Freedom Fighters in Mustang: excerpt from Buddha’s Warriors and First-time-published Photo by Lisa Choegyal,” Mikeldunham, accessed March 03, 2018, http://www.mikeldunham.blogs.com/mikeldunham/2009/08/historic- sliver-of-nepali-history-discovered-firsttimepublished-photo-by-lisa-choegyal.html.
Refugees. Refugees are those individuals who are forced to leave the borders of
their country due to political, religious, social or other various causes. Oxford Dictionary
defines Refugee as: “A person who has been forced to leave their country in order to
21 Nepalese Army, “History of the Nepalese Army,” | नेपाली सेना, accessed November 10, 2017,http://nepalarmy.mil.np/history.php?page=four.
13 escape war, persecution, or natural disaster.”22 Similarly, the UN convention on the status of refugee held in 1951 defined refugees as: “Any person who owing to well-founded fear of being prosecuted for reasons of race, religion, nationality, membership of a particular group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself for the protection of that country.”23
String of Pearls. The String of pearls is a geopolitical theory on potential Chinese
intentions in the Indian Ocean region. It refers to the network of Chinese military and
commercial facilities and relationships along its sea lines of communication, which
extend from the Chinese mainland through several major maritime choke points such as
the Straits of Mandeb, the Straits of Malacca, the Straits of Hormuz, and the Lombok
Straits as well as other strategic maritime centers in Pakistan (Gwadar), Sri Lanka
(Hambantota), Bangladesh (Chittagong), Maldives, and Somalia.24 India is wary about
the Chinese encirclement of its country and bordering oceans through this policy.
The Gentleman’s Agreement. The Gentleman’s Agreement is an informal
agreement between the UNHCR and the Nepalese government that took place in 1990
22 Oxford Dictionary, “Refugee,” accessed September 17, 2017, https://en.oxforddictionaries.com/ definition/refugee.
23 United Nations High Commissioner for Refugees, “Convention and Protocol Relating to the Status of Refugees,” accessed September 17, 2017, http://www.unhcr.org/en-us/3b66c2aa10.
24 Maninder Dabas, “Here Is All You Should Know About String Of Pearls, Chinas Policy To Encircle India,” IndiaTimes, June 23, 2017, accessed March 08, 2018, https://www.indiatimes.com/news/india/here-is-all-you-should-know-about-string-of- pearls-china-s-policy-to-encircle-india-324315.html.
14 with the aim of regulating the Tibetans exiles in Nepal. According to the agreement,
Nepalese government would issue refugee cards (RC) to the Tibetan residents who came
to Nepal in and before 1989 and facilitate the transit of remaining refugees to the Tibetan
Government in Exile (TGIE) in India. Newly arriving Tibetans would be handed over to
the Tibetan Refugee Reception Center in Kathmandu and the center would send them to
India within two weeks.25
Tibetan Government in Exile (TGIE). Fleeing from the Chinese prosecution,
Dalai Lama established the TGIE in Mussoorie of India on April 29, 1959. Named as the
Central Tibetan Administration (CTA) of His Holiness the Dalai Lama, this is the
continuation of the government of independent Tibet. In May 1960, the CTA was moved
to Dharamsala, India. The Tibetan people recognize CTA as their sole and legitimate
government. Right from the beginning, the CTA has taken upon itself the task of
rehabilitating refugees and restoring the freedom of Tibet.26 The organizational structure of the CTA is as follows: (See Appendix C for an outlook on TGIE).
25 Tibet Justice Center, Tibet’s Stateless Nationals: Tibetan Refugees in Nepal, 9- 10.
26 The Office of Tibet, “Brief Introduction to Tibetan Government In-Exile,” accessed March 03, 2018, http://www.officeoftibet.com/index.php/2014-08-21-17-03- 06/brief-introduction-to-tibetan-government-in-exile.
15
Figure 4. CTA Organizational Structure
Source: Tsering Paljor, “Current Situation of Tibetan Refugees In Exile” (PowerPoint presentation, Geographical Association Annual Conference, University of Derby, Derby, England, 12-14 April 2007), SlidePlayer, accessed September 30, 2017. http://slideplayer.com/slide/778303/.
One China Policy. One China Policy states the diplomatic position of China in the
world as a singular country recognizing Taiwan and Tibet as its integral states. Nepal
acknowledges that Tibet is the part of China and will not tolerate any inimical Tibetan
activities against China that deteriorate diplomatic relations between the two countries.27
27 Ministry of Foreign Affairs, “Nepal-China Relations,” Nepal MOFA, accessed March 03, 2018, http://mofa.gov.np/nepal-china-relations/.
16 Self-Immolation. Merriam Webster dictionary defines Self Immolation as “a
deliberate and willing sacrifice of oneself often by fire”. Since March 2009, hundreds of
Tibetans have self-immolated to protest against the Chinese occupation. 80 Tibetans self-
immolated in 2012 only.28 Three of the Tibetan refugees have died so far self-immolating since 2011 in Nepal.29
Figure 5. Self-Immolation by a Tibetan Monk in Nepal
Source: Free Tibet, “Tibetan Protest in Nepal,” February 13, 2013, accessed September 30, 2017, https://www.freetibet.org/news-media/na/tibetan-protest-nepal.
28 Free Tibet, “Self-immolation Protests,” accessed October 14, 2017, https://freetibet. org/about/self-immolation-protests.
29 Radio Free Asia, “Tibetan Monk Self-Immolates and Dies in Nepal,” August 06, 2013, accessed October 14, 2017, http://www.rfa.org /english/news/tibet/burn- 08062013021843.html.
17 Limitations
The research will be limited to the necessity of resettling Tibetan Refugees
residing in Refugees camps in Nepal. It discusses the causes of Tibetan Refugees in
Nepal, their status and activities in Nepal, Chinese and Indian concerns over them and
threat to the national security of Nepal. Field research is very difficult due to time
limitations. Thus, research work is principally based on secondary sources of data. Due to
limited availability of materials on the topic, research is based on these materials and the
researcher’s analysis only. The paper will not deal with human subjects.
Scope and Delimitations
The study will assess the relationship of the geo-political location of Nepal with the Tibetan refugee influx and implications associated with it. The paper will further analyze the security threats posed by the refugee problem and explore the probability of
Nepal to become a proxy state foreseeing the future conflict between the two economic and military rivals India and China. Finally, the paper will recommend on the resettlement of the refugees as the viable solution to preserve Nepal’s sovereignty and
diplomatic relations with India and China. The paper will not deal on the political and
security implications of other refugees (Indian, Bhutanese, Rohingyas, etc) currently
residing in Nepal. Every effort will be made to limit the researcher’s bias as the citizen of
Nepal while conducting the research in order to make it more transparent and
trustworthy.
18 Assumptions
It is assumed that the prolongation of the Tibetan refugee settlements in Nepal
will have negative implications to its national interest. The “Free Tibet Movement” will
expand with time and the Tibetans will become stronger enough to fight for their cause
through armed insurrection. It is also assumed that the Nepalese government can resettle
the Tibetan refugees to third countries like it did with the Bhutanese refugees through
diplomatic efforts.
Significance of the Study
There are very few scholarly sources on the resettlement of the Tibetan refugees
from Nepal. As a result, this study aims to provide an in-depth analysis of the Tibetan
refugees’ relation with the geo-political context of Nepal and its security implications.
The research will also endeavor to argue on the long-term implications of the Tibetan
refugee problem, which has the potentiality to fuel the hostile relations between the two
giant neighbors India and China thus further complicating the diplomatic triangle
between India, Nepal and China. As such, the study will be beneficial to the diplomats,
politicians, students of history and strategy and anyone who is interested in the Tibetan
history.
Summary
Nepalese foreign policy greatly relies on its geo-political context. Nepal’s geo- strategic location between the two great Asian powers probably warrants Nepal having a balanced relation with both China and India. In such a case the Tibetan refugee problem in Nepal, often widens the rift between Nepal, India and China. Moreover, continued
19 protests and demonstrations by the Tibetan refugees make it more difficult for Nepal to
maintain a cordial foreign relation with China. China is concerned for its security and
territorial integrity whereas India has the chance of exploiting the Tibetan refugees
against the Chinese sovereignty over Tibet. In this case, the Tibetan refugees residing in
Nepal can have great consequences to its security and diplomatic relations. The
appropriate idea will be to relocate the refugees out of the country. This paper will
endeavor to analyze the various aspects of Tibetan refugees related to the Nepalese geo-
politics and submit viable options on relocation/resettlement of the refugees. The next chapter will review the available literatures on this subject and explore the research gap, thus signifying the importance of the research on this particular subject.
20 CHAPTER 2
LITERATURE REVIEW
Tibet presented itself as a peaceful and religious country before the Chinese occupation in 1951. The Chinese invasion created a massive outcry of the Tibetan people.
The failed uprising of 1959 forced the Tibetans to flee to neighboring countries seeking
refuge/asylum. A large majority of Tibetans fled to India following their spiritual leader
Dalai Lama. A lot more fled to Nepal and others to Sikkim and Bhutan. Since then, the
Tibetans remain in the center piece of the South Asian and Chinese politics. More
importantly, when India and China fought a war in 1962 in the Aksai Chinn region and
Sikkim, the Tibetan refugee case became a key issue. As China expanded its economic
and military might as a bipolar country in the world politics, the western countries also
showed their interests in the Tibetan refugee problem as a strategic concern to their
internal politics. Thereafter, numerous articles are published to exert their views in favor
of the Tibetan’s lost independence.
There are a number of literatures written about Tibet, the Chinese intervention
and origin and activities of Tibetan refugees by various writers. Many articles are found
on Tibet as a strategic factor for China and India. However, only a few of the writers
have taken a deep study on the refugee implications to other host countries like Nepal.
Despite the fact that Nepal lies between India and China and presents itself as a security
buffer for both the military and economic might, the study on the Tibetan refugees from
the security perspectives of Nepal is very few. Probably, the sensitivity of the case has
limited the research on this particular subject. There are only a few articles that bear on
the need of resettlement of Tibetan refugees from Nepal. However, some of the 21 literatures are well received for the secondary research questions. Therefore, this chapter
reviews the literature pertaining to the primary research question in general and
secondary research questions in particular.
Tibetan Refugee Influx in Nepal- A Geo-Political Relation
Nepal is sandwiched between the two great neighboring countries India and
China. Its culture and ethnicity both are highly influenced by its neighbors. This geo-
political situation of Nepal provides the evaders of neighboring countries to take refuge
in Nepal. Lowell Thomas, Jr. in his book The Silent War in Tibet presents the
chronological events in Tibet leading to the invasion of Chinese military forces and the
aftermath of Chinese occupation of Tibet. The writer describes the geo-political
importance of Nepal from the Tibetan context and mentions Nepal as a strategic kingdom
for its neighbors. The Nepal-Tibet relations started with the marriage of Tibetan king
with the Nepalese princess and the bond increased in the roots of Buddhism. The trade
relations flourished in due course of time. The Tibet-Nepal relations were left undisturbed, even after the takeover of China up to several years. There were several easy crossing points/mountain passes in Nepal-Tibet border that the Tibetans were accustomed of for the pilgrimage to Nepal and India, which they used for fleeing to neighboring countries after the Chinese occupation of Tibet.30 The geographical proximity and
cultural affinity provided the fleeing Tibetans to take asylum in South Asian countries
like India, Nepal, Bhutan and Sikkim.
30 Lowell Thomas, The Silent War in Tibet (Garden City, NY: Doubleday, 1959).
22 In the book The CIA’s Secret War in Tibet, Kenneth Conboy and James Morrison
mentions the geo-political importance of the Mustang region of Nepal for the Kham
insurgents of Tibet to establish guerilla bases against the Chinese government. The
kingdom of Mustang enjoyed some sort of autonomy from the central Nepalese
government due to communication problems and ethnic differences. Mustang was
surrounded three sides from Tibet and its population and cultures were entirely Tibetan
Buddhists. Also, the road network from Tibet to Mustang was a marked advantage for the
guerillas to set up their camps from logistics perspectives. On top of that, American
intelligence agency CIA helped the guerillas to set up their camps and provided training
and limited arms.31 The insurgents would establish their bases pertaining to the safety and
comfort for their operations. Nepal was the neighboring country to the Tibet and the
Mustang province provided the strategic importance for the Kham guerillas to conduct
their armed insurrection against the Chinese invaders. The geographic proximity, pro-
Tibetan tribes and remote geography provided the Tibetan guerillas to set up their
guerilla bases in Mustang. The author’s argument about the relation of geo-politics and
armed insurrection is well validated by the Kham guerillas in remote areas of Northern
Nepal.
In the article “Sino-Indian Geopolitics on Tibetan Refugees,” posted in the Peace
Post in September 14, 2012, reporter Safal Ghimire states that the influx of Tibetan
refugees in Nepal is the outcome of the Indo-China geo-politics. The Tibetan refugee issue possesses the geo-strategic interest of both the countries in Nepal and Nepal being
31 Conboy and Morrison, “The CIA’s Secret War in Tibet,” 26.
23 the recipient and transit country for the Tibetan refugees has global implications from the
geo-political perspectives.32 The author also argues that the mobility of Tibetan refugees to and through Nepal shall be looked from both politico-economic and geo-strategic perspectives. The author’s statement signifies the geo-graphic location of Nepal between
India and Tibet/China as a completely inevitable country to refuge for the Tibetans. In the emerging political and economic domain of both the countries, the geo-strategic relation of the Tibetans to both India and China has to be brought out.
Security Implications of Tibetan Refugees in Nepal
The flow of the refugees from Tibet into Nepal is considered as one of the major
threats to the national security of Nepal and is effecting the strategic balance of security in Asia and the rest of the world. Despite a poor and small country, Nepal is not ignorant of this problem. Nischal N Pandey, in his article “Bhutanese and Tibetan Refugees in
Nepal: Implications for Regional Security” highlights the role of the U.S. in relocating the 60,000 Bhutanese refugees from Nepal and urges the stakeholders for the peaceful settlement of Tibetan refugee problem in Nepal. He states that the implications of a troubled neighborhood, due to refugee crises or ethnic and separatist movements, will only act as a catalyst for regional hegemony. It could also threaten the future stability, security and economic viability of the region while igniting ethno-territorial separations
32 Safal Ghimire, “Sino-Indian Geopolitics on Tibetan Refugees,” The Peace Post, September 14, 2012, accessed November 01, 2017, http://www.safalghimire.com/2012/09/China-India-Geopolitics-Tibet-Nepal-Safal- Ghimire.html.
24 and, thereby, reversing the economic progress made thus far.33 The author’s argument is directly related to the presence of the Tibetan and Bhutanese refugees in Nepal as a potential troublemaker for its powerful neighbors. As China and India both compete for the regional hegemony, Tibetan refugee problem might act as a catalyst to flare up the historic rivalry between the two countries. The author’s suggestions to settle down the
Tibetan refugee problem in the way of Bhutanese refugee resettlement model can be thought so far.
Human Rights Watch (HRW) report of 2014 Under China’s Shadow:
Mistreatment of Tibetans in Nepal claims that Nepal is in partnership with China in curtailing the basic rights of the Tibetans. The report focuses on the Tibetan protests that took place in 2008 around the world with its special concern to the activities in Nepal and the actions taken by the Nepalese government against the protestors.34 The report
condemns the Nepalese police actions as inhumane and against the human rights law.
However, the report fails to provide the exact data of the police prosecution and arbitrary
actions. Most importantly, the report blames the Nepalese government for caving into
huge pressure from the Chinese government to prevent any Tibetan protests against
China. If this is true, then the Nepalese politics is severely constrained by the external
33 Nischal N. Pandey, “Bhutanese and Tibetan Refugees in Nepal: Implications for Regional Security,” December 19, 2006, accessed November 1, 2017, https://www.isas.nus.edu.sg/ISAS%20Reports/ISAS%20 Insights%2017%20- %20Bhutanese%20and%20Tibetan%20Refugees %20in%20Nepal.pdf.
34 Human Rights Watch, “Under China’s Shadow,” June 16, 2015, accessed September 30, 2017, https://www.hrw.org/report/2014/04/01/under-chinas- shadow/mistreatment-tibetans-nepal.
25 powers and puts Nepal itself in the fragile zone of insecurity. The issue raised by the
HRW is the grave concern for the security of refugees in Nepal.
Mr. Rajan Bhhatrai in his discussion paper entitled “Geo-politics of Nepal and
International Responses to Conflict Transformation” states that both India and China perceive Nepal as their buffer zone and both the nations try to expand their sphere of influence in Nepalese geo-strategy. The Indian and the U.S. support to the Khampa uprising in the 1960s and 1970s, was the most sensitive issue for the Chinese. The writer explains that though the Khampa activities are now contained, the problem has not died down yet. There is the possibility of the Khampa rising up again in the Nepalese soil with external player’s support. The writer also warns that China will not tolerate any trouble it may have to face because of the conflict in Nepal. As there is the clash of interest among major powers in Nepal, the writer does not rule out Nepal turning out to be like
Afghanistan if the potential conflict in Nepal is not settled down.35 The Tibetan refugee problem in Nepal seems bleak at the moment but the future implications cannot be ruled out.
In the Master’s thesis in media studies, entitled “Influence of Foreign policy on
Nepalese Press: A case study on coverage of Tibetan protest in Nepal,” Mr. Ujjwal
Prajapati analyzes the governmental and private media papers that covered the 2008
Tibetans violent protest in Kathmandu against the backdrop of Beijing Olympics in
China. The protest was the biggest ever by the Tibetan refugees in Nepal that lasted for six months with the maximum detention of about 1400 Tibetans. The media also declared
35 Bhattarai, “Geopolitics of Nepal and International Response to Conflict Transformation.”
26 the presence of Chinese security officials in civil dress to detain the Tibetan monks in
Kathmandu. This event posed a big question in Nepalese policy towards China whereas
at the same time Nepal faced a huge diplomatic pressure from the Western countries
regarding the human rights issue in that context. During the same period, both the state
run media and private media also headlined the recruitment of over 500 Nepalese youths
in Dalai lama’s religious force. Citing a private newspaper, The Kathmandu Post,
Prajapati writes:
Over 500 people in Sankhuwasabha have allegedly joined the “religious army” for free Tibet Movement spearheaded by Tibetan religious leader Dalai Lama. It has been learnt that these people also get monthly pay of IRs(Indian rupees) 14,000. “Only those who can speak and write Tibetan are recruited in the army,” said Chhewang Bhotey, a local teacher at Chepuwa 7.36
The aforementioned news is a serious concern from the security point of view though the
writer denies the follow up of the news. The Tibetan protest against the Chinese
government and the alleged recruitment of Nepalese youth pose serious security
implications in Nepal.
Rajiv Sikri, former Indian minister for external affairs, in his journal article “The
Tibet factor in India-China relations” explores the Tibetan factor as a key to maintain
India-China relations. The settlement of 120,000 Tibetan refugees and the religious leader Dalai Lama are the main issues for China to look at India with the eye of suspicion. China’s territorial claims on the Arunachal state of India and deepening China-
36 Ujjal Prajapati, “Influence of Foreign Policy on Nepalese Press: A Case Study on Coverage of Tibetan Protest in Nepal” (Master’s thesis, University of Oslo, Oslo, Norway, 2011), 53, accessed November 2, 2017, https://www.duo.uio.no/bitstream/handle/10852/27324/InfluencexofxForeignxPolicyxon xNepalesexPressxCasexstudyxonxCoveragexofxTibetanxProtestxinxNepal.pdf?sequence =1.
27 Pakistan alliance and Chinese construction of high dams in Tibetan rivers will not let
India to take soft policy over Tibet. Of late, Indian leaders have clearly mentioned that it will be politically suicidal to give China satisfaction on Tibet before getting a quid pro quo from China on its stand on Pakistan occupied Kashmir issues. This has far deteriorated the Sino-India relations. The author doesn’t foresee any prospects of bilateral relations before resolving Tibetan issues.37 It is apparent that the diminishing relations between India and China on Tibetan issues will hamper Nepal’s security. The author’s analysis on the Tibetan matters present a serious concern for Nepal as the sandwiched country and a second biggest recipient of the refugees after India. Any conflict between the two giant countries will degrade Nepalese autonomy and most importantly Nepal can be a hot spot for the impending proxy war between India and China due to Tibetan refugee problem.
Resettlement of Tibetan Refugees from Nepal
This subject is the prime argument of this research. However, researcher could not find many works on this topic in particular, probably due to the lack of research on this particular area of concern. Charu Lata Hogg in her article “China, India and Nepal:
Intrigue on Top of the World” writes that both India and China have shared goal of political influence in Nepal as any kind of destabilization can hinder both the countries national security and interests. Both the countries are susceptible to each other’s roles regarding Nepalese politics. The writer states that the tiny and exotic nation Nepal has
37 Rajiv Sirki, “The Tibet Factor in India-China Relations,” Journal of International Affairs 64, no. 2 (Spring/Summer 2011): 55-71, accessed November 5, 2017, Political Science Complete, EBSCOhost.
28 become a theatre of rivalry between India and China as Nepal runs through political
instability.38 As such, China is more concerned about Nepal being the epicenter of
Tibetan agitation against it, particularly in a post-Dalai Lama era when its rival India could play out on this issue. The writer also states that Tibet policy is a litmus test for
Nepal-China friendship and China is more worried about the internationalization of the
“Free Tibet Campaign” in Nepal. This clearly states that the Tibet refugee problem is security sensitive issue for China and it is worried that its traditional rival India can exploit this opportunity to destabilize the Chinese territorial integrity. The Tibetan issue can be taken as a political card to play for the vested interests of both the countries. As such, the need of resettlement of Tibetan refugees from Nepal is a significant case in point.
Mr. Tenzin Choephel, a correspondent of Phayul online news in his article
“Response to Resettlement of Tibetan Refugees in Nepal still at Large,” writes that the
visiting U.S. officials to Nepal; Mr. Lawrence Bartlett, Deputy Director for Asia and
Near East and Ms Janice Belz, Deputy Director for Admissions, in a press statement
confirmed that the Government of Nepal has agreed to allow third-country resettlement
of the Bhutanese refugees but, they did not answer whether the same applied to the
resettlement of the Tibetan refugees too. The U.S. delegation said that their current
mission was primarily focused on the Bhutanese resettlement program only. The
delegation also added that it did not mean to rule out consideration for Tibetan refugees
38 Charu Lata Hogg, “China, India and Nepal: Intrigue on Top of the World,” The World Today 66, no. 6 (2010): 29-31, accessed November 1, 2017, http://www.jstor.org.lumen.cgsccarl.com /stable/41962539.
29 in the future.39 Similarly, Mr. Phurbu Thinly from the same news portal in his news article “US Embassy in Nepal Mentions ‘Tibetan Refugee’ in Visa Procedure” writes that in September 2005, the Tibetan Government announced about the U.S. plans to resettle a sizeable population of Tibetans from Nepal to USA as part of its refugee admissions program. But the plan could not be implemented due to non-co-operation from the
Nepalese Government in issuing travel documents required for Tibetans to travel abroad.40 However, both the correspondents failed to state the reasons behind the
resettlement of Tibetan refugees from Nepal to the Unites States of America. But it raised
a hope of resettling certain number of Tibetan refugee in the U.S.
In his thesis entitled “Refugees and Geopolitics: Exploring US and Indian
Influences in the Treatment of Bhutanese and Tibetan Refugees in Nepal,” Kamal Raj
Sigdel argues that the Tibetan refugee problem has been sidestepped by its contributors especially, India and U.S., for strategic reasons. The U.S. disinterest in the resettlement of the Tibetan refugees stems from its geo-strategic interests to encourage them continue their fight for human rights in Tibet and thus against China. The author does not see any possible solution of the repatriation or the local integration of the Tibetan refugees in
Nepal. He urges that the role of India and the U.S. is very vital to the third country
39 Tenzin Choephel, “Response to Resettlement of Tibetan Refugees in Nepal still at Large,” Phayul, April 28, 2007, accessed November 02, 2017, http://www.phayul.com/news/article.aspx?id=16383.
40 Phurbu Thinley, “US Embassy in Nepal mentions ‘Tibetan Refugee’ in visa procedure,” Phayul, December 2, 2010, accessed November 02, 2017, http://www.phayul.com/news/article.aspx?id=28656.
30 resettlement of Tibetan refugees.41 This stimulates the Nepalese diplomatic efforts to
come forward for the respectful relocation of Tibetan refugees from Nepal.
Policy Considerations for the Peaceful Settlement of Refugee Problem in Nepal
Many literatures have suggested Nepalese government to respect the rights of the
Tibetan refugees and simplify their livelihood in Nepal. In the report “Tibet’s Stateless
National: Tibetan Refugees in Nepal” by the Tibet Justice Center in 2002, the center presents the tragic status of Tibetan refugees in Nepal. The Tibetan refugees lacks the refugee status in Nepal as Nepal is not the signatory of the UN conventions of refugees which denies their right to education, health and work in Nepal. The report presses the stakeholders to improve the livelihood of the refugees. The circumstances highlighted by this report reveals a pressing need for the Government of Nepal, the UNHCR, and the international community to reexamine the current informal arrangement regarding the status and treatment of Tibetan refugees in host countries, and to work to provide them with a more durable solution.42 From this report, it is clear that the Nepalese government should ratify the UN resolution for refugees as well as seek alternatives for the proper resettlement of Tibetan refugees from Nepal to elsewhere third countries through diplomatic efforts.
41 Sigdel, “Refugees and Geopolitics: Exploring US and Indian Influences in the treatment of Bhutanese and Tibetan Refugees in Nepal.”
42 Tibet Justice Center, Tibet’s Stateless Nationals: Tibetan Refugees in Nepal, 30-31.
31 Refworld.com in its web portal article “Nepal: Information on Tibetans in Nepal”
states that Nepal is not a signatory to the UN Refugee Convention and cannot recognize
the asylum seekers as refugees. Tibetans who arrived in Nepal before 1989 are issued
refugee certificates but others are not. The “Gentlemen’s Agreement” between the
Nepalese government and UNHCR in 1990 provides the Tibetans a transit route to third countries, generally India but does not permit the permanent settlement in Nepal.
Apprehended Tibetans are handed over to the office of UNHCR and then the Tibetan
Reception Center in Kathmandu manages their transit to India. However, the web portal also states that according to the Tibetans’ media and organizations, Tibetans are not being treated by the Nepalese authorities as per the terms of Gentlemen’s Agreement. On the contrary, Tibetans face many judicial problems when detained.43 The report however
does not clarify that the present behavior of Nepalese government against the refugees is
guided by geo-political complexities or its disinterest to the international norms. Either
were the case reveals the diplomatic embarrassment of the Nepalese government in the
world politics. If Nepalese government cannot comply with the international norms,
better it shall step forward for the resettlement of the refugees.
Dabhade and Pant in their journal article “Coping with Challenges to Sovereignty:
Sino-Indian Rivalry and Nepal’s Foreign Policy” analyze the strategic importance of
Nepal from both Indian and Chinese perspective and Nepal’s struggle to maintain the
policy of equidistance to safeguard its sovereignty from foreign incursion. The writers
43 United States Bureau of Citizenship and Immigration Services, “Nepal: Information on Tibetans in Nepal,” Refworld, June 9, 2003, accessed November 05, 2017, http://www.refworld.org/ docid/3f51fbfb4.html.
32 suggest that Nepal’s foreign policy shall be cautious enough to handle the Sino-Indian
rivalry for regional hegemony. Nepal altered its policy of handling Tibetan refugees by
deporting them back in addiction to the established system of allowing them a safe
passage to India. This action can be a matter of security concern for India if it views this
particular Nepalese step as Chinese influence in Nepal.44 This indicates that the Nepal
shall be able to formulate its policy regarding Tibetan refugees in order to maintain a
diplomatic balance between its strong neighbors. Failure to do so will present Nepal as a
playground for India and China against each other due to the everlasting Tibetan refugee
problem.
Summary
The reviewed literatures basically provided the picture on the genesis of the influx
of the Tibetan refugees in South Asian countries including Nepal and the Chinese
concerns on the TGIE. These articles and books put their views on the status of Tibetan
refugees in Nepal and the security concerns and legal status of the Nepalese government
to handle the issue. Most of them are able to present the strategic implications of the
refugees to India, Nepal and China but they did not provide a clear idea on the need of
peaceful resettlement of the Tibetan refugees either from Nepal and India. Thus the
research gap is the necessity of the resettlement of the Tibetan refugees from Nepal while
exploring some ways and means. Henceforth, this research endeavors to analyze the
44 Manish Dabhade and Harsh V. Pant, “Coping with Challenges to Sovereignty: Sino-Indian rivalry and Nepal’s foreign policy,” Contemporary South Asia 13, no. 2 (June 2004): 157-169, accessed November 8, 2017, Academic Search Complete, EBSCOhost.
33 necessity of the resettlement of the Tibetan refugees from Nepal in a regional geo- political environment in general and Nepalese geo-politics in particular.
The proceeding chapter provides a theoretical and methodological research framework applied to analyze the research problem and come to a viable conclusion.
34 CHAPTER 3
RESEARCH METHODOLOGY
Nepal’s geo-strategic location suggests the need for a constant diplomatic balance with China and India. However, the Tibetan refugee problem in Nepal, has the potential to hamper the balanced diplomatic triangle between these countries. The involvement of
Tibetan refugees in anti-China activities may force China to have a hard line approach against Nepal whereas the same problem can be a playing card for India since both the
Asian rivals compete for military and economic progress in the region. In this case, the
Nepalese government should be cautious enough to prevent the refugees from being a
nightmare for its political and diplomatic endeavors. As such, it is imperative for the
Nepalese government to handle the case diplomatically and refrain from being a proxy
state of two giant neighbors for Tibetan refugee problem. A number of works reviewed
state the genesis of the Tibetan refugee influx in Nepal and the political interests of
international actors. Most of them failed to provide a workable solution to mitigate the
refugee problem and recommend the Nepalese government to take the initiative for
resettlement in third countries. As such, the prime concern of this paper is to analyze the
Tibetan refugee implications from a geo-political perspective and recommend to the
Nepalese government a viable suggestion for the peaceful resettlement of the Tibetan
refugees out of the country with the aim to prevent it from being a playground for
regional hegemony.
Accordingly, this chapter explains the research methodology and describes the
study area, data collection methods and the approach. The research work will pursue the
qualitative approach. The evidence consists of secondary sources and policy papers and is 35 analyzed descriptively to come to a viable conclusion thus making it a qualitative
research.
Research Setting
This paper will examine the status of the Tibetan refugees in Nepal, their anti-
China activities and the implications posed against the geo-politics of Nepal. It also focuses on the Chinese and Indian strategic interests for the Tibetan refugees. Finally, the paper will identify the need and approach to the resettlement of the Tibetan refugees from
Nepal based on available facts and figures. For this purpose, the researcher will use the following research framework as outlined by Kakali Bhhatacharya.
Figure 6. Research Conceptual Linkage and Alignment
Source: Kakali Bhattacharya, Fundamentals of Qualita tive Research: A Practical Guide (New York: Routeledge, 2017), 185. 36 The epistemology of this research is “constructionism”. Bhattacharya defines
constructionism as the personal definition of the meaning of a subject based on the
interactions with the world.45 The researcher’s endeavor here is not to focus on the objectivity of the research problem, but rather abide by the constructivist approach. The focus is to explore how the refugee existence in Nepal can be a problem in the region from a security perspective rather than why the Tibetan refugees revolt against the
Chinese government and came to Nepal. The paper envisions the likelihood of political and social instability in the region because of the long presence of the refugees in Nepal.
Theoretical and Methodological Framework
The theoretical framework for this research is interpretivism based on the
phenomenology, and the methodological frame work will be phenomenological inquiry.
Interpretivism discusses the cultural and historical interpretations of one’s social world
when conducting inquiry.46 Phenomenology is the study of a phenomenon of a particular subject in order to explain it and gain new insights on the essence of that phenomenon.
Bhattacharya explains that the phenomenological scholars encourage an inquiry that investigates the structure of the phenomenological experience. He also clarifies that there is a fixed essence to a lived experience of a phenomenon.47 Studying the phenomenon from constructivist point of view explores the opaque part of the phenomenon. The
45 Kakali Bhattacharya, Fundamentals of Qualita tive Research: A Practical Guide (New York: Routeledge, 2017), 4.
46 Ibid., 59.
47 Ibid., 64-5.
37 purpose of this research paper is first to understand the situation of the refugees in the country and then to interrogate how this context is going to destabilize the situation. The study aims to explore the experience of the Tibetan refugees in a shared phenomenon of fleeing from Tibet, remain in India or Nepal as a refugee and indulge in Free Tibet
Movement or what China and Nepal refer as anti-China movements, thus makes the study an interpretivist phenomenological approach.
The advantage of using the phenomenological inquiry is that it can be used as methodological approach as well.48 The phenomenological inquiry is not motivated by the explanations of the phenomenon rather it is dedicated to explore the essence of the phenomenon. Taking the example of the Tibetan refugees in Nepal, the researcher sees the essence of the phenomenon of refugee influx to organize and carry out the Tibetan independent movement from Nepal and India and this phenomenon has been going on since several decades. As Nepal passes through political instability, international interference and weak security mechanism, it can be a breeding ground for refugees to carryout independence movement which can destabilize the diplomatic triangle between the three countries. The data will be collected in regards to the refugee movement, international interests and security implications through document analysis.
Data Collection and Analysis
The paper will examine the secondary sources that include books, articles, journals, reports, policy papers, websites, and online interviews. Scholarly and peer reviewed articles will help to draw the conclusion. Since the published books and articles
48 Bhattacharya, Fundamentals of Qualita tive Research: A Practical Guide, 100.
38 on the topic are constrained by the availability, utmost use of online articles are used for
the research purpose. In qualitative research, documents are used regularly to offer
contextual and deep understanding of the topic. Due to the limited time and inability of
the researcher to conduct interviews, focused group discussion, and field study, document
analysis becomes the only viable and feasible data collection method. These documents
contain the government and international policy papers, treaties, agreements, journals,
books, reviews, newspapers and periodicals, websites, audio and visual data, etc. These
data provide the evidences for research problems and set a path for a constructive
recommendation.
Data analysis provides a deep insight on how the researcher integrated theoretical and analytical framework, understanding of literatures and the focus of research purpose and questions.49 The researcher will use the iterative process of inductive analysis
method for the data analysis. In inductive analysis of data, the researcher looks at all the
raw data, chunks them into small analytical units and presents the thematic analysis in
different categories.50 In this paper, the researcher will organize the available data as per the research problems and analyze each category to present the thematic views as suggested by the evidences. Finally, analysis of whole chunks of data will present a solid conclusion.
49 Bhattacharya, Fundamentals of Qualita tive Research: A Practical Guide, 150.
50 Ibid.
39 Interpretation and Representation of Data
Interpretation of data deduces the representation of research. This includes data analysis and identification of analytical insights.51 Information is collaborated to co- construct the findings of the study. The inductive analysis of the available data will result to the thematic descriptions of the findings. Ultimately, the research will bear significant implications to the field of international relations, social science and humanities as it will give an in depth analysis of the behavior of the Tibetan refugees in the changed security dynamics in the South Asia region.
Summary
The influx of the Tibetan refugees in Nepal and India basically represents a phenomenon of organized activity for human rights, self-identity and political independence. This phenomenon attracts the national and international players to achieve their own vested interests. This paper will analyze this phenomenon through the inductive analysis of available data in association with research linkage and alignment template as mentioned in Kakali Bhattacharya’s work on qualitative analysis methods. The topic of the research paper itself provides the subject for interpretivism through phenomenology.
Available documents when analyzed will give an iterative understanding of the problem and suggests a viable and feasible approach to mitigate the same. Chapter IV will present the results of the available data in analytical and descriptive form.
51 Bhattacharya, Fundamentals of Qualita tive Research: A Practical Guide, 158.
40 CHAPTER 4
ANALYSIS
Historically, Nepal and India have been a place of residence for Tibetan refugees
since the early 1950s when China occupied Tibet. There are certain factors that motivated
the Tibetan leaders to reside in Nepalese territory or use Nepal as a transit route to India.
It is apparent that the geo-political relations with Nepal might have been the cause.
However, refugees brought in a lot of problems with them and thus Nepal desires a
solution. The Tibetan refugee problem is quite often seen as a security threat by Chinese
government. The recent Sino-Tibetan confrontation in March 2008 resulted in ninety- nine Tibetan deaths and several casualties with hundreds imprisoned. It was also reported that nearly thirty Tibetans were gunned down by the Chinese border guards in
September 2006 who were crossing into India via Nepal.52 Since Chinese historic rival
neighbor India houses the largest amount of Tibetans, the insecurity atmosphere in Nepal
is looming large. In this context, is there a dire need for Tibetan refugee resettlement
from Nepal? This is the present challenge for which the Nepalese political apparatus need
to seek an answer for. This chapter will analyze the historic relation of Nepalese geo-
politics with Tibet, security implications caused by the refugee influx and the prevailing
legal issues for the resettlement of Tibetan refugees from Nepal. As mentioned before,
the research is based on the inductive analysis. Henceforth, the issues are divided into several clusters that are followed by the thematic analysis as per the data/evidences
52 S. D. Muni, The Tibetan Uprising 2008: India’s Response, ISAS Working Paper, no. 59, June 2009, 7-8, accessed March 7, 2018, https://www.files.ethz.ch/isn/101950/59.pdf.
41 acquired. The clusters are basically the secondary research questions. The research is based on seeking the facts and evidence to answer these cluster questions that will finally lead to the answer of the primary research question i.e. “Is there a need of the resettlement of the Tibetan refugees from the geo-political perspectives of Nepal?”
Cluster One: The Geo-Political Realm
Geo-politics defines the geographical location, size of the population, economic strengths and the cultural and religious status of the country. Nepal borders the Tibetan plateau in the north separated by the high Himalayas. Tibet shares a border of 1,236 kilometers with Nepal from the Lipulekh Pass in the west to the Jiangshang Mountain in the east, passing through the highest peak in the world, Mount Everest.53
53 Kungga Dundruk, “All Borders between Tibet and Nepal,” Tibet Travel and Tours - Tibet Vista, December 19, 2017, accessed January 13, 2018, https://www.tibettravel. org/tibet-and-nepal-tour/borders-between-tibet-and-nepal.html.
42
Figure 7. Geographical Position of Nepal and Tibet
Source: Minneapolis Institute of Arts, “The Art of Asia: History & Maps: Nepal & Tibet,” accessed January 13, 2018, https://archive.artsmia.org/art-of-asia/history/tibet- map.cfm.
Politically, the Nepal-Tibet relations has been very friendly despite some limited wars. Historically, Nepal had the privilege of having trade agents in Kuti, Shigatse and
Lhasa. Tibetans used Nepalese mints and coins for more than hundred years during the
Malla dynasty in Nepal. The Nepalese permanent representative in Lhasa played an instrumental role in materializing the Anglo-Tibet treaty during the Anglo-Tibet war of
1904 and the Nepalese consuls were present during the treaty signing ceremony in Lasha convention on 11 November 1904.54 Tibetans used Nepal as a shelter whenever their
identity was threatened. A large number of Tibetans took shelter in Nepal when the
54 M. N. Gulati, Tibetan Wars through Sikkim, Bhutan and Nepal (New Delhi, India: Manas Publications, 2003), 181-82.
43 Mangolian Dzungar army seized Lhasa in 1717 in assistance to the Mongolian population
against the Chinese interference of the Tibetan internal politics.55
Geographic Proximity
Tibet is sandwiched between Nepal in the South and China in the North. There are six major border crossings between Nepal and Tibet, namely: Pulan, Lizi, Gyirong,
Zhangmu, Riwu, Chengtang. Among these, three ports (Pulan, Gyirong and Zhangmu)
are designated as international entry points, while the rest are only used for local trade.
Currently, only the Gyirong Port is opened to allow tourists to travel between Nepal and
Tibet. Zhangmu was once the biggest land port between two regions. However, it was
closed after the devastating earthquake took place on 24th April 2015, which cost an
enormous damage of infrastructure and severe casualties.56 Of note, there are many
porous crossing areas which are not regulated by customs authorities from both the sides.
The nearest place that the Tibetans go temporarily was Nepal during the Chinese
repression of the Tibetans during the 1950s. On top of that, the porous entry points and
the rugged high mountains of Nepal were the other geographical advantages for Tibetans
to enter Nepal or to India through Nepal.
55 Gulati, Tibetan Wars through Sikkim, Bhutan and Nepal, 153.
56 Ibid.
44
Figure 8. Border Entry Points in Nepal-Tibet Border
Source: Tibet Discovery, “Nepal Tibet Travel,” Tibetdiscovery.com, accessed October 05, 2017, https://www.tibetdiscovery.com/tibet-ports/nepal-tibet-border/.
Historic and Religious Ties
The historical and religious factors are more crucial for Tibetans entering to
Nepal. Tibet was an independent country before the Chinese occupation in 1950. The
kingdom of Nepal and the kingdom of Tibet enjoyed both love and hate relations in their
history. In the Seventh Century, King Songtsen Gampo of Tibet married the Nepalese
princess Bhrikuti who was very influencial for introducing Buddhism to Tibet.57 By the
9th Century, the Tibetan Empire of King Trison Detsen invaded Nepal but the decline of
Tibet’s military empire helped Nepal to regain its political independence, and in later
57 Michael C. Van Walt and Vaan Praag, The Status of Tibet: History, Rights, and Prospects in International Arena (New York: Routledge, January 1987), 43.
45 years, it was the militaristic Nepalese Kingdom on several occasions threatened Tibet.
Nepal and Tibet fought three major wars in 1788-89, 1791-92 and 1855-56.58 But despite
the sometimes tense political relationship between Nepal and Tibet, social and economic
exchanges between these nations flourished because of their geographic proximity and
economic and cultural ties.
Social and Cultural Affinity
Many of the ethnic people of northern Nepal, such as the Sherpas, Tamangs,
Melangis, and Yolmu, share strong religious and cultural bonds, as well as common
Tibeto-Burmese racial origins, with Tibetans. To this day, many of these ethnic groups, which populate the Himalayan regions of Nepal, rely on cross-border trade with Tibetans and Chinese settlers living in Tibet for their economic livelihood. Moreover, for centuries
Tibetans had traveled to Buddhist temples in India and Nepal, and the Indians and
Nepalese, in turn, had gone on pilgrimages to Mount Kailash of Tibet.59 Economic
interdependence and cultural and religious ties between Nepal and Tibet encouraged
Tibetans to choose Nepal as a secured asylum spot.
In 1950 the People’s Republic of China took over the control of Tibet. The 17-
point agreement signed on May 23, 1951 between the Tibetan and Chinese
representatives terminated Tibet’s independent status (See Annex A for the full version of
58 Border Nepal, “Nepal-Tibet war on Border,” accessed January 13, 2018. https://bordernepal.wordpress.com/tag/nepal-tibet-war/.
59 Ann Armbrecht Forbes, Settlements of Hope: An Account of Tibetan Refugees in Nepal (Cambridge, MA: Cultural Survival, June 1, 1989), 58.
46 the agreement).60 The Tibetans started their first revolt against the Chinese aggression in
1959. However, the Chinese forces quelled the revolt resulting in 87,000 Tibetans dead.61
The government of Tibet, led by Dalai Lama, escaped to India after the Chinese invasion and is still functioning in exile and claims itself as the legitimate government of the
Tibetan people. The first influx of Tibetan refugees in Nepal started at 1959 at the outset of Tibetan uprising and started settlements in the nearby areas of Mustang and
Solukhumbu of Nepal with the hope that they would return soon to their country as soon as the situation was calm.62 At this point only the geographic proximity and the hope to return motivated the Tibetans to reside in Nepalese territory.
The second wave of Tibetan refugees was witnessed during the early 1980s and more prominently in 1989 after the second Tibet uprising against the Chinese, which was also a failure. Since the early 1980’s, when China opened Tibet for external trade and tourism, a large exodus of Tibetan refugees joined the Tibetan exile community in India and Nepal, fleeing from the fear of religious persecution, political repression, cultural genocide and what Ms. Moynihan in her article refers to as aggressive “Sinocization.”63
60 Tibet Justice Center, “Seventeen-Point Plan for the Peaceful Liberation of Tibet (1951),” accessed March 04, 2018, http://www.tibetjustice.org/materials/china/china3.html.
61 Tenzing Dorje, “The Tibetan Non Voilent Struggle- A strategic and historic Analysis,” accessed January 13, 2018, https://www.nonviolent-conflict.org/wp- content/uploads/2016/01/The-Tibetan-Nonviolent-Struggle.pdf, 33.
62 Tibet Justice Center, Tibet’s Stateless Nationals: Tibetan Refugees in Nepal, 30- 1.
63 Moura Moynihan, “Tibetan Refugees in India and Nepal: Testimony by Maura Moynihan (ICT),” Radio Radicale, May 20, 1997, accessed January 13, 2018, 47 Moynihan also presents the data of Tibetan increase by 25,000 in the period from 1986 to
1996 in India only. It is apparent that the influx of refugees in Nepal might have been
increased in the same period though exact numbers are not available. This time, the
refugees are more victims of Chinese political and military extremism. The refugees hope
for return was very meager. They probably hope to stay in Nepal on a permanent basis
since the culture, language, religion and geographic resemblances to Tibetan society are
very strong.
Cluster Two: Security Implications
Muni and Baral in their book Refugee and Regional Security in South Asia, state
that the security implications of the refugee movements need to be assessed in relation to
both home state and host state. The home state by driving the refugees out, exposes itself
to international criticism and embarrassment, pressures and even intervention for
atrocities on its own people whereas the security implications of the refugees in the host
country are far reaching and multi-dimensional. These implications are evident both in relation to internal and external security.64 Internal security implications may be the
destabilization and disruption of political, economic and social systems of the host
country. Petty crimes, drug trafficking, arms and sex trafficking, tension between local
people and refugees for common property resources are other probable conflict areas.
Similarly, refugees can generate tensions and precipitate conflict between home and host
http://www.radioradicale.it/exagora/tibetan-refugees-in-india-and-nepal-testimony-by- maura-moynihan-ict.
64 S. D. Muni and Lok Raj Baral, “Refugee Prospects and Security Solutions,” in Refugees and Regional Security in South Asia (Delhi: Konark Publishers, 1996), 26-32.
48 countries. External security implications have all bilateral, regional and global implications. Host nations can even provide arms, trainings and diplomatic support to refugees as was done by India in case of East Pakistan and Sri Lankan refugees and by
Pakistan in case of Afghan refugees. The huge quantities of arms supplied to the Afghan freedom fighters by Pakistan not only contributed to the militarization of the Pakistani society but also spilled over to fuel the insurgency in Kashmir.65
The Nepalese government was surprised when it discovered the Khampa guerilla bases in the Mustang, and that they were supported by the American CIA. It was probably the first time in the Nepalese history that Nepalese soil was used by the third party against its friendly neighbor. This was the proximate cause of distrust between
Nepal and China and also the evidence that Nepal could be used as a proxy against her neighbor by the third parties.
The Tibetan refugee problem in Nepal is alarming if not serious. There are social, economic and security implications not only to Nepal but also for her neighboring countries. As such, the security implications posed by the Tibetan refugee problem in
Nepal can be analyzed from both internal and external perspectives.
Challenges to National Security and Interest
Since 1974, after the demobilization of the Tibetan Khampa guerillas, the Tibetan refugees have become one of the challenges in Nepalese security endeavors. The
Nepalese army was able to quell the Tibetan guerillas but the remnants of the insurgency
65 Muni and Baral, “Refugee Prospects and Security Solutions,” 32.
49 were not wiped out entirely. Though not raising arms, but raising voices against Chinese
government has become the norm. However, a resurgence of the Khampa guerillas
cannot be ruled out. According to Mr S.D Muni, the Tibetan Young Congress (TYC), one of the brother organization of CTA, was learning the guerilla methods of Nepalese
Maoists and the Liberation Tigers of Tamil Eelam (LTTE) in their training program and
TYC president Tsewang Rigzin asserted to take arms to liberate Tibet from China.66
Similarly, in 1999 the Dalai Lama himself expressed concerns that in the future the
struggle for Tibet could become increasingly violent.67 This shows the likelihood of the
Tibetans to flare up the armed insurrection again.
The demonstrations against the Nepalese and Chinese government and the voices
of the Free-Tibet movement are quite frequent. A survey report carried out by Aryal and
Venkatasubramanian in 2015 amongst the Tibetan refugees in Nepal, reveals that 100%
of Tibetan refugees want Free Tibet, 70.14% love self-immolations as protest technique
for Free Tibet dream and 71.86% of Tibetan refugees want to participate in Free Tibet
movement or protest with whole community.68 In recent years the cases of self-
immolation has caught the global attention. The first Tibetan self-immolation in Nepal was reported in November 2011 when a monk named Bhutok wrapped a Tibetan flag
66 Muni, The Tibetan Uprising 2008: India’s Response, 11.
67 Mark Owen, “Preparing for the Future: Reassessing the Possibility of Violence Emanating from Tibetan Exile Communities in India,” India Review 13, no. 2 (April 2014): 149-169, accessed March 7, 2018, Academic Search Complete, EBSCOhost.
68 Achyut Aryal, “Democratization Impacts on Perception Expression: A Comparative Study of Pre-1990 and Post-1990 Scenario of Tibetan Refugee Minority in Nepal,” Journal of Socialomics 4, no. 2 (2015): 8, accessed March 4, 2018, doi:10.4172/2167-0358.1000126.
50 around himself, doused himself in kerosene, shouted slogans calling for a free Tibet and
then set himself alight. In February 2013, a 25-year old Tibetan monk, Drongchen
Tsering, set fire to himself in front of the Baudhha monastery in Kathmandu and killed himself. The third one was Karma Ngedon Gyatso aged 39. He lit butter lamps and recited prayers before setting himself ablaze in August 2013 at the same place in
Kathmandu, a famous gathering place for Buddhist pilgrims in Nepal, where many
Tibetan exiles live.69 The self-immolation events have threatened the internal security
affairs and created a psychological trauma in the Nepalese society. It is important to point
out that a monk ready for self-immolation can be ready for suicide bombs as well. The
remnants of the Khampa guerillas, added to the self-immolating monks can create a havoc in Nepalese security mechanism.
69 Radio Free Asia, “Tibetan Monk Self-Immolates and Dies in Nepal.”
51
Figure 9. Free Tibet Campaigners Confront with Nepalese Police
Source: Jim Yardley, “China Intensifies Tug of War with India on Nepal,” The New York Time, February 17, 2010, accessed January 10, 2018.
Nepalese security organizations and the political leadership are aware of the
Tibetan interests of self-determination. However, the Nepalese government is under tremendous pressure from the Chinese government to quell any kind of anti- Chinese activities in Nepal. This resulted to the closure of the Tibetan Refugee Welfare Office in
Kathmandu in 2009 and tighter border controls. Similarly, in 2003, Nepal handed back fleeing refugees to China and received international condemnation, including that from the United States’ State Department, European Parliament and the UNHCR itself.
Human rights organizations, in criticizing the action said, “It has set a frightening precedent for the treatment of Tibetans trying to flee to safety.”70 The closure of the
70 Prajapati, “Influence of Foreign Policy on Nepalese Press: A Case Study on Coverage of Tibetan Protest in Nepal.”
52 refugee welfare office was also denounced. Likewise, the Nepalese government was condemned by the Human Rights Watch group for mishandling the Tibetan protestors during the 2008 Beijing Olympics demonstrations in several parts of Nepal. For several months during and after the 2008 protests in Tibet, Kathmandu became a focal point of pro-Tibetan political activity. Under intense diplomatic pressure from China, the
Nepalese government curtailed Tibetan demonstrations. Human Rights Group blamed
Nepal for political repression against the Tibetans.71 The increased Chinese pressure has forced Nepal to tighten the border controls and there is a substantial reduction in the flow of Tibetan refugees since 2008 as shown in the Table below. This has exacerbated the diplomatic embarrassment of the Nepalese government in the international arena.
71 Human Rights Watch. “Under China’s Shadow.” 4.
53 Table 3. Number of Refugee Flow from Tibet to India via Nepal S/N Year Number of Tibetans 1. 2010 1248 2. 2011 521 3. 2012 320 4. 2013 185 5. 2014 92 6. 2015 85 7. 2016 (As of June) 53
Source. Nepali Times, “Fewer Tibetan Refugees,” June 14, 2016, accessed March 5, 2018. http://www.nepalitimes.com/blogs/thebrief/2016/06/14/fewer-tibetan-refugees/.
Degradation of International Relations
Nepal’s foreign policy is based on the state policy of equidistance towards both
India and China. The ministry of foreign affairs states;
The foreign policy of Nepal is guided by the abiding faith in the United Nations and policy of nonalignment. The basic principles guiding the foreign policy of the country include mutual respect for each other’s territorial integrity and sovereignty; non-interference in each other’s internal affairs; respect for mutual equality; non-aggression and the peaceful settlement of disputes and cooperation for mutual benefit.72
The above statement about the foreign policy of Nepal clearly prohibits the involvement of internal or external actors against any of the friendly countries. As such, it limits activities of Tibetan refugees against Chinese sovereignty. Nepal recognized Tibet as the sovereign part of China in the “1956 Nepal-China treaty” and reasserted its neutrality
72 Ministry of Foreign Affairs, “Nepal’s Foreign Policy.”
54 during the Sino-Indian conflict of 1962.73 Nepal has tried its best to neutralize any
unfavorable circumstances that have the potential to degrade the healthy diplomatic
relations between both neighbors. However, the issue of the Tibetan refugee problem is a
bone of contention between all three countries.
India and China both compete in Nepal for extending their hegemony and sphere
of influence. As such the refugee problem has exacerbated the diplomatic dilemma for
Nepalese politicians and diplomats. India has no problem receiving any numbers of
Tibetan asylum seekers because India has a strategic interest on Tibetan refugees against
the Chinese. But the Chinese perceive Tibetans as a major threat for sovereignty and
national integrity. Domestic security is the primary concern for both China and India vis-
à-vis Nepal. Anti-Chinese demonstrations among Tibetans in Kathmandu in 2008 greatly
embarrassed China, which wants Kathmandu to enforce tight border controls and clamp
down on Tibetan protests.74 Motivated largely by its concerns over Tibet, in the past
years Beijing has had growing political and military interactions with Kathmandu. In
February 2010, the then Home Minister Bhim Rawal visited Beijing and agreed to
cooperate on border security and prevent any ‘anti-China’ events on its soil. China
asserted its concern to provide money, training and logistical support to help Nepal
73 Andrea Matles Savada, ed. Nepal: A Country Study (Washington: Government Printing Office for the Library of Congress, 1991), accessed January 13, 2018. http://countrystudies.us/nepal/69.htm.
74 Anthony Kellet, China’s Periphery: Part One: South Asia (Ottawa, Canada: Defense Research and Development Canada Ottawa, Centre for Operational Research and Analysis, August 2010), vii.
55 expand police checkpoints in isolated regions of Nepal-Tibet border.75 China does not want any Tibetans to cross the Himalayas whereas India is happy to provide them asylum thus supporting their cause of revolt. This has dragged Nepal into a very complicated issue of handling Tibetan refugees. The bilateral and multilateral relations have been hampered because of the Tibetan refugee problem in Nepal.
Road Towards a Proxy State
Tibet has been a bone of contention between the two emerging rivals of Asia
India and China since the time the Tibetans fled from their country. According to Brahma
Chellaney, “Despite booming two-way trade, strategic discord and rivalry between China and India is sharpening due to Tibet issue which fuels territorial disputes, border tensions and water feuds.”76 India has given political asylum and refuge to the Dalai Lama and
large numbers of Tibetans. India houses more than 120,000 Tibetans since 1959. China
regularly accuses India for tacitly supporting the government in exile to foment trouble in
the Tibetan Autonomous Region (TAR). This has been further aided by the Tibetan
refugees in Nepal.77 China highlights Tibet as the core issue with India by claiming
Indian territories on the basis of purported Tibetan links. Put off by the intrusions, the
75 Kellet, China’s Periphery: Part One: South Asia, 65.
76 Brahma Chellaney, “Why Tibet Remains The Core Issue In China-India Relations,” Forbes, November 29, 2014, accessed January 13, 2018, https://www.forbes.com/sites/brahmachellaney/2014/11/27/why-tibet-remains-the-core- issue-in-china-india-relations/#671c003358a0.
77 Sachindra Joshi, “The Sino-Indian Border: Is Conflict Inevitable?” (Master’s thesis, U.S Army Command General and Staff College, Fort Leavenworth, KS, 13 December 2013), 29.
56 Indian government allowed Tibetan exiles to stage protests during Xi Jinping’s New
Delhi visit in September 2014, which was reversing a pattern since the early 1990s of
such protests being foiled by police during the visit of any Chinese leader.78 This shows
the present rivalry between India and China on Tibet issues.
If great power rivalry between India and China were indeed the key security issue
in South Asia, it would find a custom-made arena in Nepal, which shares a 1,690-km
border with India and a 1,236-km border with the Tibet.79 Jim Yardley claims that China
is now exerting itself more broadly toward Nepal, partly because of its concern that
Nepal could become a center point of Tibetan agitation, partly as another South Asian stage in its growing soft-power against India. “Nepal has become a very interesting space where the big players are playing at two levels,” said Ashok Gurung, director of the India
China Institute at The New School. “One is their relationship with Nepal. And the second is the relationship between India and China.” Sridhar Khatri, executive director of the
South Asia Center for Policy Studies in Katmandu said that “India has always been concerned about what access China might have in Nepal and India has always considered
South Asia to be its backyard, like a Monroe Doctrine.”80 The Tibet issue is now a
subject of a kind of cold war between India and China and because Nepal lies between
78 Chellaney, “Why Tibet Remains The Core Issue In China-India Relations.”
79 Ibid., 62.
80 Jim Yardley, “China Intensifies Tug of War With India on Nepal,” The New York Times, February 17, 2010, accessed January 10, 2018, http://www.nytimes.com/ 2010/02/18 /world/asia/18nepal.html.
57 them with a group of Tibetan agitators, Nepal stands itself as a medium for proxy war
between the two Asian rivals.
Tanner, Dumbaugh and Easton in their article “Distracted Antagonists, Wary
Partners: China and India Assess their Security Relations” mention the exile of the Dalai
Lama and Tibetan communities in India as one of the strategic tensions between India and China. Chinese analysts express clear concern that India could further exploit its resident Tibetan exile community to exacerbate the already serious ethnic unrest China faces in its Tibetan-populated regions. For China, the Dalai Lama’s presence in
Dharmsala can motivate ethnic resistance within its territory. China has long pressured the Indian government not to permit the Tibetan community in exile to use India as a base to foment anti-China activities. Both Chinese and Indian experts believe that in regard to the issue of Tibet, the Dalai Lama and his followers on both sides of the China-India border will become a greater source of tension in the years to come.81 This issue can be
analyzed from the recent Doklam incident of mid-2017, where India and China were on
verge of war regarding their border tension.82 Although both sides handled the case diplomatically, there remains the risk that increasing rhetoric from both sides could lead to some form of conflict and Nepal will probably suffer in some way.
81 Murray Tanner, Kerry B. Dumbaugh and Ian M. Easton, Distracted Antagonists, Wary Partners: China and India Assess their Security Relations (Alexandria, VA: Center for Naval Analyses, September 2011), 7-9.
82 Jane’s IHS, “India-External Affairs,” Jane’s Sentinel Security Assessment - South Asia, 20 November 2017, accessed January 17, 2018, https://janes-ihs- com.lumen.cgsccarl.com/SouthAsia/Display/1304833.
58 India also remains wary of a perceived Chinese policy of strategic encirclement in
South Asia through its “string of pearls” policy giving China greater access to the Indian
Ocean for energy imports.83 India on the other hand houses the Dalai Lama and can use
exiled Tibetans against the Chinese assertions on the Indian ocean. In 1962, the Indian
Army even set up the Special Frontier Force, made up largely of 10,000 Tibetan
volunteers, as a special border and counterterrorism unit. Known by the codename
‘Establishment 22’, it used to carry out clandestine intelligence gathering in Tibet, but is
now used largely for domestic purposes.84 The Indian government supports the Tibetan
government financially with a donation of 100 million Indian rupees annually85 This is the evidence that Tibetan refugees are the strategic reserves for the Indian government in the time of hostility with China. It is very crucial to note that three bomb attacks in April
2002 in Sichuan, China resulted in the arrest and sentencing to death of two Tibetan separatists.86 Nepal, often a victim of the political instability and weak security
mechanism, can provide a stronger base for Indo-Tibetan guerilla bases against China. If
so happens, China will not hesitate to send its forces to Nepal.
To a large extent, Nepal is becoming a theatre of competition between India and
China over the Tibetan refugee issue, as both seek to extend their influence through local
83 Jane’s IHS, “India-External Affairs.”
84 Julian Gearing, “China Tightens its Grip on Tibet,” Jane’s Intelligence Review, December 03, 2003, accessed January 17, 2018, https://janes-ihs- com.lumen.cgsccarl.com/MilitarySecurityAssessments/Display/1194836.
85 Muni, The Tibetan Uprising 2008: India’s Response, 15.
86 Gearing, “China Tightens its Grip on Tibet.”
59 proxies. China’s primary interest in Nepal is to secure diplomatic support for its policies
in Tibet whereas India is always an obstacle for Sino-Nepal relations. This was clearly
demonstrated by a previous arms deal between Nepal and China in 1988, which led to a
15-month economic embargo by India.87 As China pressures Nepalese authorities to
tighten the border in order to minimize the flow of Tibetan refugees to Nepal and India
and India welcomes more Tibetan exiles, Nepal puts itself in the road as a proxy state
with weak security mechanisms and greater political instability.
Cluster Three: Necessity of Resettlement
The present status of Tibetans in Nepal and their activities necessitates the
resettlement to third countries as soon as possible. On one hand, the Tibetans are
associated with the Tibet independence movement and on the other hand, their livelihood
in Nepal is worsening. The necessity of the resettlement of the Tibetan refugees in Nepal
is thus defined by both the security aspects and the humanitarian aspects.
Security Factors
Cluster two presents the potential refugee problem to be the catalyst of security
imbalance in the region. Tibetans residing in Nepal pose both internal and external
security challenges from the political and diplomatic perspectives of Nepal. Tibetans
could have been returned to Tibet, but this option is almost out of discussion since China
87 Jane’s IHS, “Nepal-External Affairs,” Jane’s Sentinel Security Assessment - South Asia, June 12, 2017, accessed January 17, 2018, https://janes-ihs- om.lumen.cgsccarl.com/MilitarySecurityAssessments/Display/1304848.
60 has clearly denied to take back Tibetan exiles, including their leader the Dalai Lama.88
Refugees trying to return to Tibet are detained by Chinese police, beaten badly and then
imprisoned or sent back to Nepal.89 These events have closed the door of repatriation of
Tibetan refugees from Nepal or India.
Humanitarian Factors
The status of Tibetan refugees residing in Nepal is more heartbreaking. Tibetans
in Nepal lack legal status and are compelled to live as stateless nationals. The Nepalese
government stopped providing refugee certificates (RC) to those arriving after 1989.
Those who came before 1989 also live in a pathetic condition in isolated areas.90
88 Manosh Das, “Ready to go back to Tibet but China not allowing me: Dalai Lama - Times of India,” The Times of India, February 06, 2014, accessed January 16, 2018, https://timesofindia.indiatimes.com/india/Ready-to-go-back-to-Tibet-but-China- not-allowing-me-Dalai-Lama/articleshow/29926036.cms.
89 United Nations High Commissioner for Refugees, “India, Nepal, and China: Return of Tibetans from India and Nepal to China, including treatment of Tibetan returnees by Chinese authorities; return of Tibetans from China to Nepal and India (2013- April 2015),” Refworld, May 6, 2015, accessed January 16, 2018, http://www.refworld.org/docid/556815884.html.
90 Tibet Justice Center, Tibet’s Stateless Nationals: Tibetan Refugees in Nepal, 3.
61
Figure 10. Tibetan Settlements in Kathmandu after 2015 Earthquake
Source: Central Tibetan Administration, “Déjà vu for Tibet’s Refugees,” accessed January 17, 2018. http://tibet.net/2015/05/deja-vu-for-tibets-refugees/.
The refugees are restricted from basic amenities and lack the opportunity to property and employment. Even those Tibetans in Nepal with a RC had no legal rights beyond the ability to remain in the country, and the Nepal-born children of Tibetans with legal status often lacked documentation. Tibetan refugees had no entitlement to higher education, the right to work, business ownership or licenses, bank accounts or legal transactions, including documentation of births, marriages, and deaths. The schools and health facilities are provided either by the TGIE or NGOs. The refugees cannot own
62 property in Nepal and just have limited travel permit within and outside of the country.91
The increasing population, unemployment and lack of basic amenities can lead to petty
crimes, social unrest and environmental degradation. Cheap labor, prostitution and
smuggling of contrabands are other possibilities. The humanitarian and security concerns
necessitate the prompt resettlement of Tibetan refugees to willing third countries.
Cluster Four: Policy Considerations
Resettlement of Tibetan refugees to third countries is a very complex issue. It
needs a robust planning and fruitful execution. But Nepal seems to have been aloof from
addressing this issue since long. The researcher could not find any bilateral or trilateral
meetings with her neighboring countries in settling the issue of Tibetan refugees or the
Nepalese government is overshadowed by the Bhutanese refugees or has been
pressurized by her mighty neighbors. However, Nepal has the historic and successful case
of the Bhutanese refugee resettlement in third countries. Even though Nepal struggles
through the prevailing policy on refugees and its endeavor on fruitful dialogue with its
neighboring countries, partner nations or the helping NGOs or international organizations
(IOs).
91 United Nations High Commissioner for Refugees, “Nepal: Situation of Tibetans with a Refugee Identity Card (RIC) [Refugee Card (RC); Refugee Identification Certificate (RC)], including social, legal, and mobility rights; conditions and instances under which status given by the RIC is lost; requirements and procedures for replacing a lost or stolen RIC; impact of obtaining a travel document on the status granted by the RIC, including exit and return to the country,” Refworld, accessed March 05, 2018, http://www.refworld.org/docid/550c36f64.html.
63 Lack of National Legislation on Refugees
The prevailing parameters of Nepalese policy on refugees restrict in providing
asylum to any foreigners in the status of refugees. Nepal is not a signatory to the 1951
Convention or the 1967 Protocol relating to the Status of Refugees. Apart from the
“Gentleman’s Agreement” Nepal does not have any specific or applicable national
legislation relating to asylum-seekers or refugees. The policy towards refugees is mainly
influenced by the relation with the concerned countries. Lack of national legislation on
handling refugees puts Nepal in a bind towards the request of international agencies
working for refuges and asylum seekers. All asylum seekers are considered as the illegal
immigrants and are subjected to apprehension by the government authorities. Nepal
refuses to adopt the refugee convention citing its geo-political constraints.92 Perhaps the geographic location and the low economic status do not let Nepal abide by the laws of refugees to provide them government amenities and consider them as equal as the national citizens.
Role of UNHCR
UNHCR is the lead humanitarian agency that looks for the better settlement of the refugee issues in Nepal. Since the early days of Tibetan refugee influx to Nepal, UNHCR has been a focal point in dealing with the refugee issues along with other donor agencies and Nepalese government. The lack of national legislation and Nepalese skepticism in the
92 The Kathmandu Post, “Nepal Refuses to Adopt Refugee Convention citing National Interest,” December 3, 2015, accessed March 2, 2018, http://kathmandupost.ekantipur.com/news/2015-12-03/nepal-refuses-to-adopt-refugee- convention-citing-national-interest.html.
64 UN conventions on refugees further signifies the role of UNHCR as a focal agency in
refugee settlement in Nepal. UNHCR established refugee camps in different locations of
Nepal for the Tibetan refugees in 1959 and played a pivotal role in providing transit rights to the Tibetan refugees who wish to go to India through the gentlemen’s agreement. Also it is a prime donor agency for refugees in Nepal. As such, UNHCR will be a prime agency in the process of resettlement of refugees to third countries. UNHCR has a historical record on repatriation and resettlement of refugees in South Asia. During
1994, with the help of UNHCR Pakistan repatriated 103,000 Afghan refugees to
Afghanistan. Bangladeshi government could return 82,860 Rohingyas go back their villages in Burma during the latter half of 1994. India also succeeded in repatriating
8,150 Sri Lankan Tamils to Sri Lanka and 5,200 Buddhists Chakmas to Bangladesh. It happened due to the diplomatic effort and bilateral negotiations through the UNHCR support.93 Nepal was also able to resettle the Bhutanese refugees to third countries with the help of UNHCR through diplomatic efforts.
In 2003, the UNHCR developed the “Framework for Durable Solutions for
Refugees and Persons of Concern,” which elaborates three major options for the
refugees: repatriation, local integration and third-country resettlement.94 The Bhutanese
refugee community in Nepal benefitted from the UNHCR’s durable solutions program.
The U.S. government played a lead role in formulating and implementing the
93 Muni and Baral, “Refugee Prospects and Security Solutions,” 230.
94 United Nations High Commissioner for Refugees, “Framework for Durable Solutions for Refugees and Persons of Concern,” Refworld, May 2003, accessed January 16, 2018, http://www.refworld.org/docid/4124b6a04.html.
65 resettlement program for Bhutanese refugees in Nepal. As many as 108,513 Bhutanese
refugees of Nepali origin, including those who were forced to leave Bhutan in 1991 were
resettled in Australia, Canada, Denmark, the Netherlands, New Zealand, Norway, UK
and the U.S. after the third country resettlement program was introduced in 2007. The
U.S. alone has hosted more than 92,000 of them under the U.S. Refugee Admissions
Program (USRAP).95 The local integration and the repatriation of Tibetan refugees seems
unlikely at this time due to the Chinese policy but the hope of third country resettlement
is already aroused from the Bhutanese refugees’ case.
The Case of Bhutanese Refugees
Nepal received Bhutanese refugees as a consequence of ethnic conflict between the Nepalese of Southern Bhutan (Lhotsampas) and the highlanders Drukpas of Tibetan origin. Bhutan refused to accept them as its nationals and asserts that many of them were economic migrants from Nepal.96 The Buddhist Drukpas feared about the demographic
expansion of Nepalese would eventually lead to their marginalization within the
kingdom. The rigorous policy of “Bhutanisation” through the imposition of cultural and
dress code as well as citizenship qualifications were carried out in 1988. Lhotsampas
demonstrated against the Bhutanese government but the military repression caused at
95 Keshav P. Koirala, “Arrangements in Nepal for US resettlement of Bhutanese refugees put off after Trump order,” The Himalayan Times, April 23, 2017, accessed March 02, 2018, https://thehimalayantimes.com/nepal/resettlement-arrangements- bhutanese-refugees-nepal-us-put-off-trump-executive-order/.
96 Lok Raj Baral, “Bhutanese Refugees in Nepal: Insecurity for Whom?” in Refugees and Regional Security in South Asia (Delhi: Konark Publishers, 1996), 9.
66 least 56 deaths.97 Eventually the Lhotsampas or the Bhutanese of Nepalese origin fled to
India and Nepal in 1991. At this case as well, UNCHR played a pivotal role along with
the World Food Program (WFP), Lutheran World Service (LWS), Save the Children
Fund, UK, Nepal Red Cross Society, OXFAM etc and were involved in the setting up the
camps for refugees in Jhapa and Morang districts of Nepal.98
The attempts to send the refugees back from the Nepalese government could not
take effect as India denied support in view of India’s own threat perception of the
emerging Nepali nationalism in the Indian corridor between Nepal and the Northeast
provinces.99 Nepal soon need to seek for options since the humanitarian situation was deplorable and the numbers of the refugees could increase in the coming years.
Search for the Third Country Resettlement
Nepal is a country that believes in peace and prosperity. Non-alignment to any
countries is its foreign policy. This policy is the great strength for Nepal and this has
blessed Nepal with a lot friendly countries that are always together in times of need. The
Bhutanese refugee problem could be a disaster for the Nepalese economic and political
sector if they were not resettled in friendly foreign countries. As the countries like U.S.,
UK, Canada, and Australia have the refugee resettlement program from all over the
world, Nepal can again be optimistic that the Tibetan refugees can also be resettled in
third countries. According to the U.S. Department of State, the president of the U.S. can
97 Baral, “Bhutanese Refugees in Nepal: Insecurity for Whom?” 14, 65.
98 Ibid., 61.
99 Ibid.
67 grant the refugee resettlement program from all over the world when UNHCR or,
occasionally, a U.S. Embassy or a specially trained nongovernmental organization refers
a refugee applicant to the United States for resettlement based on the U.S. national
interest or necessitated by the humanitarian emergency.100 Also it is known that every
year, the U.S. immigration law requires its Executive Branch officials to review the
refugee situation or emergency refugee situation around the world and project the extent
of possible participation of the U.S. in resettling refugees if justified by humanitarian
concerns, grave humanitarian concerns or is otherwise in the national interest.101 (See
Annex C for the U.S. Refugee Resettlement Program Flowchart). The areas of priorities
for this program are as under:
100 U.S. Department of State, “U.S. Refugee Admissions Program,” accessed March 02, 2018, https://www.state.gov/j/prm/ ra/admissions/.
101 US Citizenship and Immigration Service (USCIS), “The United States Refugee Admissions Program (USRAP) Consultation & Worldwide Processing Priorities,” accessed March 02, 2018, https://www.uscis.gov/humanitarian/refugees- asylum/refugees/united-states-refugee-admissions-program-usrap-consultation- worldwide-processing-priorities.
68
Figure 11. Process Priorities for U.S. Refugee Resettlement Program
Source: U.S. Department of State, “U.S. Refugee Admissions Program,” accessed March 02, 2018, https://www.state.gov/j/prm /ra/admissions/.
In this context, there is the probability of the resettlement of the Tibetan refugees
from Nepal to the U.S under its refugee resettlement program, provided it is referred by
UNHCR on humanitarian grounds or the U.S. national interest. It is also fortunate for the
Nepalese government that the U.S. government has shown its interest in taking away
Tibetan refugees like the way it did with the Bhutanese refugees. The United States asked
the Nepalese government on the resettlement of 5,000 Tibetan refugees in 2007.102 For
102 Digital Journal, “United States to resettle Tibetan refugees in Nepal,” November 03, 2007, accessed January 16, 2018, http://www.digitaljournal.com/article/245158.
69 the same context, Democrat congressman, George Miller introduced the legislative bill,
HR 6536 at the U.S. House of Representative in 17th July, 2008 to provide 3,000
immigrant visas for the Tibetan Refugees in India and Nepal (See Annex C for full
detail).103 However, the effort could not materialize yet but the hope still remains.
The government of Canada has similar provisions for the out country refugee
resettlement. According to the Canadian government, the UNHCR along with the private
sponsors can identify the probable refugees for resettlement within Canada. As such, the
Canadian refugee system has two main parts: The Refugee and Humanitarian
Resettlement Program, and the In-Canada Asylum Program.104 Likewise, the UK has
three programs for the resettlement of refugees: the Gateway Protection Program, the
Mandate Refugee Program, and the Syrian Vulnerable Person Resettlement (VPR)
Program. The Gateway Protection Program is operated by Home Office (HO), which
receives referrals from the United Nations High Commissioner for Refugees (UNHCR).
The Program allows up to 750 refugees every year to enter the U.K for resettlement.
Similarly, The Mandate Refugee Program is applicable to mandate refugees only, that is
individuals who have been granted refugee status by UNHCR. The application is made at
local UNHCR office and, if it passes the first screening, is referred to the HO for the final
103 US Congress, House, H.R.6536 - 110th Congress (2007-2008), Tibetan Refugee Assistance Act of 2008, July 17, 2008, accessed March 07, 2018, https://www.congress.gov/bill/110th-congress/house-bill/6536/text.
104 Government of Canada, “How Canada’s refugee system works,” April 03, 2017, accessed March 03, 2018, https://www.canada.ca/en/immigration-refugees- citizenship/services/refugees/canada-role.html.
70 decision.105 All three countries mentioned above resettled the Bhutanese refugees under
their existing policies. The cause of Tibetan refugees also emerged from their rights of
self-determination and human rights. In this context, a diplomatic dialogue between the
national and international players can materialize the resettlement of Tibetan refugees
from Nepal and end this strategic conflict forever.
Thematic Analysis
Chinese occupation of Tibet and the failed uprising of 1959 marked the influx of
Tibetan refugees into South Asia, including Nepal. The geographic proximity and the
historical relations between Nepal and Tibet led the fleeing Tibetans to reside in Nepal or
use it as a transit point to India. Initially, the Nepalese government followed India to
provide asylum to Tibetan refugees but ceased to provide further asylum as the political
situation got changed. The Khampa guerilla operations against China from the Mustang
region of Nepal outraged the Chinese and ultimately forced Nepal to disband the guerilla
bases. The disbandment of guerilla bases further added the number of Tibetan refugees in
Nepal as they migrated to various parts of Nepal rather going back to their home in Tibet.
The Nepalese government was able to neutralize the Khampa guerillas but the remnants of the guerillas are still present though in passive form. Tibetan refugees organized to agitate for an independent Tibet. These activities have posed threat to national and regional security mechanisms.
105 Rights in Exile Programmme, “Resettlement to the UK,” accessed March 03, 2018, http://www.refugeelegalaid information.org/resettlement-uk.
71 In the dynamics of Sino-Indian rivalry, the Tibetan refugee problem has gained strategic importance. Particularly for Nepal, which lacks political stability and robust security mechanisms, and thus makes for a volatile situation between India and China.
China perceives these refugees as separatists and is concerned about its territorial integrity and sovereignty. On the other hand, India treats the Dalai Lama as an honorable guest and houses more than 100,000 Tibetan refugees. The recruitment of Tibetans into
Indian security agencies and the relation of the detention of Tibetan monks in a post bomb explosion in Sichuan province of China cannot be ignored. Similarly, the news report of the Nepalese youths joining the Tibetan religious force in Nepal and the advocacy for violent actions from the Tibetan leadership itself, are also serious concerns for Nepalese security interests. These issues seem very meager in the present context but has the potential to challenge the sovereignty of Nepal. Of the three possible ways of solving this case viz., local integration, repatriation and resettlement, the third country resettlement seems most viable.
Summary
The phenomenon of Tibetan exiles continues. The data presented for the thematic analysis of the phenomenon of decade long refugee influx is ultimately linked to the motives behind the Free-Tibet movement. The interpretation of the available data through the inductive analysis reveals the fact that the long term presence of Tibetan refugees in
Nepal can result in a proxy war between India and China as a continuance of historic
Indo-China rivalry over Tibetan issues. Nepal has received tremendous international pressure for and against of the Tibetan refugees. The security threats from the refugees, political interference and a likely proxy conflict suggest an urgent solution of Tibetan 72 refugee problem for Nepal. Nepal has the historic example of third country resettlement of Bhutanese refugees. The same case can be applied to the Tibetan refugees. Due to the potentiality of Tibetan refugees to threaten the diplomatic balance between India, China and Nepal and the likelihood of being a proxy state to India and China on this particular issue, there is a dire need of resettlement of Tibetan refugees from Nepal.
The following chapter will summarize the findings of the analysis and provides some viable recommendations for the stakeholder for the third country resettlement of the
Tibetan refugees from Nepal.
73 CHAPTER 5
CONCLUSIONS AND RECOMMENDATIONS
The case of Tibetan refugee has become a very sensitive issue in recent political context especially for security and economic interest of Nepal. Tibetan refugee problem is not only the bilateral issue between Nepal and China, but also a multi-lateral problem as India is the major host for the Tibetan refugees. The U.S has a historical relation with the cause of Tibetan revolt as it supported Khampa insurgency during the 1960s and early
70s. The United Nations is in the forefront of addressing the refugee problem in Nepal through the auspices of UNHCR. The demand of the Tibetans may be genuine but as per the mantra of foreign policy, national interest comes first. The present activities of the
Tibetan refugees in Nepal have attracted the global interest, especially in the bipolarism between the American and Chinese political interests. Historically, Nepal came across a very unconducive political environment due to the Tibetan activities in its soil. More importantly, the strategic interests of the major players in this topic put Nepal in a great diplomatic dilemma in handling the refugee issue.
Nepal successfully solved the Bhutanese refugee problem with the help of
UNHCR and other friendly countries in a very short span of time. However, the Tibetan refugee problem is still at large though it evolved since 1959. The strategic implication of the Tibetan refugees is much broader than the Bhutanese refugees and also a challenging issue to resolve. The geo-political constraints necessitate the third country resettlement of the Tibetan refugees from Nepal. Despite the fact of this strategic issue, a very few scholars have endeavored to research on the security implications and the ways to resolve the refugee issues in Nepal. The purpose of this research hence is to address the research 74 gap on the necessity of the resettlement of the Tibetan refugees from the geo-political
perspectives of Nepal. This chapter will summarize the findings from the Chapter four
and provides a comprehensive recommendations and courses of actions for the national
and international stakeholders who are directly or indirectly involve in it.
Summary of Findings
There is a geo-political relation to the Tibetan refugee influx in Nepal. Nepal is
the nearest home to the Tibetans in terms of geographic resemblance, religious and
cultural ties and secured environment. Historically, both the countries enjoyed a good
friendship through trade and tourism. The people of Nepal are calm and peace loving and
the Nepalese society enjoys strong religious and ethnic solidarity. The people of the
northern part of Nepal belong to the Tibeto-Burman race like the Tibetans. More
importantly, the rugged mountainous terrain provided porous entry points and safe
guerilla base for the Tibetans to enter Nepal and carry out guerilla operations against the
Chinese administration. Though Tibet borders India, there are only a few border entry
points between Tibet and India and the tight security controls in the aftermath of Indo-
China war of 1962 makes risky for Tibetans to enter India illegally. Due to this geo-
political factors, the Tibetans will continue to take Nepal as a safe place to reside or a
transit country to TGIE in coming days.
The Tibetan refugees have used Nepal as a spot of armed and political demonstrations against the Chinese government. Internally, there are not any substantial reports on petty crimes and smuggling of contrabands, but at the same time cannot be ruled out in the coming days. But externally, the Khampa operations, Free Tibet
Campaigns, Self-Immolations and the Human right issues have caught global attention 75 and thus makes this issue a global concern and pose a grave security implication for
Nepal. The cases of the Khampa guerilla operations and Establishment 22 are evident of the fact that the Nepalese soil can be used against China by its rival countries. The
Tibetan refugees residing in Nepal have the potentiality to flare up the armed insurrection again against China. As India houses the largest number of Tibetan refugees in South
Asia, Nepal puts itself in the brink of the proxy war between India and China with regard to the Tibetan refugees.
The humanitarian situation of the refugees is again deplorable. As Nepal remains aloof from the fundamental UN conventions on refugees, Tibetans in Nepal cannot enjoy the amenities of refugees unlike other signatory countries. In order to sustain the livelihood, there is always a chance of criminal activities. The human security is again at stake when Nepal tightened its borders for the Tibetan refugees in the aftermath of
Beijing Olympic demonstration in Kathmandu in 2008. Some of them were handed over to the Chinese authorities which was the grave violation of the Gentleman Agreement.
This event deteriorated the Nepalese position on the security of the Human Rights in the global arena. On the other hand, Nepal is blamed for being pro-China, which again is the contrary to its foreign policy of non-alignment. Thus the presence of the Tibetan refugee in Nepal puts itself in a complicated diplomatic dilemma to handle the case. Analyzing the context and the regional implications, the third country resettlement is the only viable option available at the moment.
The third country resettlement of the Tibetan refugees can be done in a similar line with the Bhutanese refugees. The Bhutanese refugee case is the case of ethnic repression whereas the Tibetan refugee case is the plight of self-determination and fight
76 for freedom. Both the cases have the strategic value for all the neighboring countries.
Tibetan refugee case is more complicated but still possible. Though Nepal lacks the appropriate national legislation, it can work together with UNHCR and other NGOs in order to resettle them in third countries. The Tibetan refugee case fully satisfies the criteria for resettlement in the democratic countries like the U.S., UK, and Canada. A fruitful diplomatic dialogue with the stakeholders can resettle the Tibetan refugees of
Nepal to willing third countries.
Recommendations
The Tibetan refugees residing in Nepal has far reaching and multi-dimensional implications. As such, a substantial effort is desired from all the stake holders. Nepal shall be in the central role to negotiate, mediate and facilitate all the dialogue with all the national and international stakeholders. The role of India and China will be more crucial to materialize the case outcomes. Similarly, UNHCR and the U.S. are other important stakeholders for this case.
Government of Nepal
The Government of Nepal shall take diplomatic initiative to bring all the international communities in a single forum of dialogue for the resettlement of the
Tibetan refugees in third countries. Only the refugees having RC, i.e. the refugees who were in Nepal before 1989, shall be made eligible for the resettlement program in order to prevent the unnecessary flow of refugees from Tibet. It shall formulate the necessary legislation and policies to facilitate the third country resettlement of those refugees. It shall also present its moral courage to support its one-china policy and convince the
77 international community that any activities prone to damage the bilateral relations will not be accepted. However, it shall respect the human rights and the norms of the
Gentlemen’s Agreement and work together with UNHCR in fulfilling its mandate to support refugees and asylum seekers. At the same time, strict vigilance on the Nepal-
Tibet border is required to regulate the legal flow of Tibetan refugees. Nepal needs to raise this issue constantly in the forum of the South Asian Association for Regional Co- operation (SAARC) in order to internationalize the issue and seek support from the member countries.
Government of India
The government of India shall facilitate the resettlement of the refugees from
Nepal. The resettlement program can be also a benchmark for the Tibetan refugees in
India. India shall stop using Tibetan card to fulfil its vested interest. The recruitment of
Tibetan exiles in SFF shall be stopped immediately. India shall see China from the lens of economic integration and sustainable peace in the region. India also needs to play a major role in mediating a fruitful dialogue between the government of China and CTA.
Government of China
The Tibetan refugee problem primarily is the problem of China. China should respect the self-determination rights of the Tibetan people and immediately stop the political repression of the Tibetan people. If China does not want the social integration and repatriation of the Tibetan refugees, it must accept the option of the third country resettlement of the refugees. China also needs to talk with the CTA leader Dalai Lama for permanent settlement of disputes on Tibetan issues. More importantly, China shall see the
78 resettlement of the refugees as a humanitarian solution rather than a strategic motivation
of rival countries.
CTA
CTA shall facilitate the resettlement of Tibetan refugees from Nepal on
humanitarian grounds. CTA shall stop any illegal and unethical activities that may
hamper the relations between India, Nepal and China. CTA shall also present the viable
options to the government of China in order to settle the Tibetan independence issue
permanently. The stalled dialogue on the top official level shall resume as soon as
possible.
UNHCR
As a lead agency in refugee management program, UNHCR shall facilitate the
dialogue between the key players. It shall provide terms and conditions for the
governments involved in the resettlement program and monitor till the finalization of the
issue. It shall work with the government of Nepal in determining the exact numbers of
refugees who are in Nepal before 1989 and convince the host governments for the
resettlement program on human security grounds. It shall also monitor and guide the
Nepalese authorities in terms of the Gentleman Agreement. Most importantly, UNHCR
should make an environment for tri-party negotiation for the durable solution of the
Tibetan refugees in South Asia.
Host Nations for Resettlement (U.S., UK, Canada, Australia, Etc.)
The host nations shall encourage Nepal and other stakeholders in successfully materializing the third country resettlement of the Tibetan refugees from Nepal. They
79 shall coordinate and work closely with UNHCR and home countries to make this program a success. They shall determine the number of refugee intake, modality of resettlement and role of home and host countries during the process.
Summary
The Tibetan refugees in Nepal, though in small numbers can bring in enormous problems that can threaten the sovereignty of Nepal. The frustration among the refugees, stalemate in Sino-Tibet dialogue and the grave humanitarian situation can encourage
Tibetan refugees to go beyond expectations for the survival of their identity. The rate of self-immolation is going up free Tibet campaign has achieved global recognition. For
Nepal, it needs to fear about the possibility of proxy war between India and China if the case is not seriously taken. The security implications of the Tibetan refugees and the potential emergence of a proxy war between India and China over the Tibetan refugee issues signals the need of resettlement of the Tibetan refugees of Nepal to willing third party countries. The political instability and the lack of diplomatic efforts in the past dominated the search for peaceful settlement of Tibetan refugee problem from Nepal.
Nepal has now turned itself in a republic country and is gaining the political stability and economic sustainment. This is the right time to pull the socks up and show its diplomatic skill in turning the tide before it is too late.
80 APPENDIX A
TIBETAN SETTLEMENTS IN INDIA, BHUTAN AND NEPAL AS OF 2002
Figure 12. Tibetan Settlements in India, Nepal and Bhutan as of 2002
Source: Tibet Justice Center, Tibet’s Stateless Nationals III: The Status of Tibetans Refugees in India, accessed March 3, 2018. http://www.tibetjustice.org/wp- content/uploads/2016/09/ TJCIndiaReport2016.pdf, 32. 81 APPENDIX B
AN OUTLOOK ON TIBETAN GOVERNMENT IN EXILE (TGIE)
Table 4. An Outlook on Tibetan Government in Exile (TGIE)
Approximately 1,28,014 [Approximate world-wide distribution: India 94,203; Nepal 13,514; Bhutan 1,298; and rest of the world 18,999 Population (Demographic Survey of Tibetans in Exile 2009, by Planning Commission of Central Tibetan Administration, 2010) Government Democratic and popularly elected Judiciary Tibetan Supreme Justice Commission Legislature Tibetan Parliament-in-Exile with 44 members The Kashag (Cabinet) is the apex executive body. The Sikyong (Tibetan Political Leader) is elected directly by the exile population Executive for a term of five years. Under the Kashag are the main departments of Religion and Culture, Home, Education, Finance, Security, Information and International Relations, and Health Tibetan Youth Congress (TYC), Tibetan Women’s Association Major NGOs (TWA), National Democratic Party of Tibet (NDPT), Gu-Chu-Sum Movement Based in New Delhi, Kathmandu, New York, London, Geneva, Foreign Missions Moscow, Brussels, Canberra, Tokyo, Pretoria, Taipei and Sao Paulo. Agriculture, agro-industries, carpet weaving and exports, service Livelihood sector. The winter sweater selling business is the economic mainstay of about 70 percent of the exile population in India Total school enrolment is 85 to 90 percent of the school-aged children in exile. According to 2009 Demographic survey of the Education Planning Commission of CTA, Effective Literacy Rate of the total Tibetans in India, Nepal and Bhutan is 82.4%
Source: Tashi, “Tibet in Exile,” Central Tibetan Administration, accessed December 04, 2017, http://tibet.net/about-cta/tibet-in-exile/.
82 APPENDIX C
THE 17 POINT AGREEMENT BETWEEN CHINA AND TIBET, 1951
1. The Tibetan people shall be united and drive out the imperialist aggressive forces from Tibet; that the Tibetan people shall return to the big family of the motherland--the People’s Republic of China.
2. The Local Government of Tibet shall actively assist the People’s Liberation Army to enter Tibet and consolidate the national defences.
3. In accordance with the policy towards nationalities laid down in the Common Programme of the Chinese People’s Political Consultative Conference, the Tibetan people have the right of exercising national regional autonomy under the unified leadership of the Central People’s Government.
4. The Central Authorities will not alter the existing political system in Tibet. The Central Authorities also will not alter the established status, functions and powers of the Dalai Lama. Officials of various ranks shall hold office as usual.
5. The established status, functions, and powers of the Panchen Ngoerhtehni shall be maintained.
6. By the established status, functions and powers of the Dalai Lama and of the Panchen Ngoerhtehni is meant the status, functions and powers of the 13th Dalai Lama and of the 9th Panchen Ngoerhtehni when they were in friendly and amicable relations with each other.
7. The policy of freedom of religious belief laid down in the Common Programme of the Chinese People’s Political Consultative Conference will be protected. The Central Authorities will not affect any change in the income of the monasteries.
8. The Tibetan troops will be reorganised step by step into the People’s Liberation Army, and become a part of the national defence forces of the Central People’s Government.
9. The spoken and written language and school education of the Tibetan nationality will be developed step by step in accordance with the actual conditions in Tibet.
10. Tibetan agriculture, livestock raising, industry and commerce will be developed step by step, and the people’s livelihood shall be improved step by step in accordance with the actual conditions in Tibet.
11. In matters related to various reforms in Tibet, there will be no compulsion on the part of the Central Authorities. The Local Government of Tibet should carry out reforms of its
83 own accord, and when the people raise demands for reform, they must be settled through consultation with the leading personnel of Tibet.
12. In so far as former pro-imperialist and pro-KMT officials resolutely sever relations with imperialism and the KMT and do not engage in sabotage or resistance, they may continue to hold office irrespective of their past.
13. The People’s Liberation Army entering Tibet will abide by the above-mentioned policies and will also be fair in all buying and selling and will not arbitrarily take even a needle or a thread from the people.
14. The Central People’s Government will handle all external affairs of the area of Tibet; and there will be peaceful co-existence with neighboring countries and the establishment and development of fair commercial and trading relations with them on the basis of equality, mutual benefit and mutual respect for territory and sovereignty.
15. In order to ensure the implementation of this agreement, the Central People’s Government will set up a military and administrative committee and a military area headquarters in Tibet, and apart from the personnel sent there by the Central People’s Government it will absorb as many local Tibetan personnel as possible to take part in the work. Local Tibetan personnel taking part in the military and administrative committee may include patriotic elements from the Local Government of Tibet, various district and various principal monasteries; the name list is to be prepared after consultation between the representatives designated by the Central People’s Government and various quarters concerned, and is to be submitted to the Central People’s Government for approval.
16. Funds needed by the military and administrative committee, the military area headquarters and the People’s Liberation Army entering Tibet will be provided by the Central People’s Government. The Local Government of Tibet should assist the People’s Liberation Army in the purchases and transportation of food, fodder, and other daily necessities.
17. This agreement shall come into force immediately after signatures and seals are affixed to it.
Signed and sealed by delegates of the Central People’s Government with full powers: Chief Delegate: Li Wei-han (Chairman of the Commission of Nationalities Affairs); Delegates: Chang Ching-wu, Chang Kuo-hua, Sun Chih-yuan
84 Delegates with full powers of the Local Government of Tibet: Chief Delegate: Kaloon Ngabou Ngawang Jigme (Ngabo Shape) Delegates: Dzasak Khemey Sonam Wangdi, Khentrung Thuptan, Tenthar, Khenchung Thuptan Lekmuun Rimshi, Samposey Tenzin Thondup106
106 Tibet Justice Center, “Seventeen-Point Plan for the Peaceful Liberation of Tibet (1951),”
85 APPENDIX D
UNITED STATES REFUGEE ADMISSION FLOW CHART
Figure 13. United States Refugee Admission Flow Chart
Source: Raising Voices USA, “U.S. Refugee Admissions Program (USRAP),” accessed March 04, 2018, https://raisingvoicesusa.org/blog/2017/3/5/us-refugee-admissions- program-usrap.
86 APPENDIX E
H.R.6536 –110TH CONGRESS (2007-2008)
110th CONGRESS 2d Session H. R. 6536
To provide for the admission to the United States of certain Tibetans.
______
IN THE HOUSE OF REPRESENTATIVES
July 17, 2008
Mr. George Miller of California (for himself and Mr. Sensenbrenner) introduced the following bill; which was referred to the Committee on the Judiciary
______
A BILL
To provide for the admission to the United States of certain Tibetans.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tibetan Refugee Assistance Act of 2008’’.
SEC. 2. TRANSITION FOR DISPLACED TIBETANS.
(a) In General.--Notwithstanding the numerical limitations specified in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152), there shall be made available to qualified displaced Tibetans described in subsection (b) of this section 3,000 immigrant visas in the 3-fiscal-year period beginning with fiscal year 2010. (b) Qualified Displaced Tibetan Described.-- (1) In general.--An individual is a qualified displaced Tibetan if such individual is an individual who-- (A) is a native of Tibet; and (B) since before the date of the enactment of this 87 Act, has been continuously residing in India or Nepal. (2) Native of tibet described.--For purposes of subparagraph (A) of paragraph (1), an individual shall be considered to be a native of Tibet if such individual was born in Tibet or is the son, daughter, grandson, or granddaughter of an individual born in Tibet. (c) Distribution of Visa Numbers.--The Secretary of State shall ensure that immigrant visas provided under subsection (a) are made available to qualified displaced Tibetans described in subsection (b) (or described in subsection (d) as the spouse or child of such a qualified displaced Tibetan) in an equitable manner, giving preference to those qualified displaced Tibetans who are not resettled in India or Nepal or who are most likely to be resettled successfully in the United States. (d) Derivative Status for Spouses and Children.--A spouse or child (as defined in subparagraphs (A), (B), (C), (D), or (E) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, the spouse or parent of 107 such spouse or child.
107 US Congress, House, Tibetan Refugee Assistance Act of 2008.
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