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A Report for ICJ/Nepal Section in Cooperation with Stichting European Human Rights Foundation, Belgium INTERNATIONAL COMMISSION

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A Report for ICJ/Nepal Section in Cooperation with Stichting European Human Rights Foundation, Belgium INTERNATIONAL COMMISSION R e f u g e e P r o b l e m in N e p a l (A study report on the refugee crisis in Nepal with reference to global situation) , ' A Report for ICJ/Nepal Section in cooperation with Stichting European Human Rights Foundation, Belgium Published by: INTERNATIONAL COMMISSION OF JURISTS/NEPAL SECTION Ramshah Path, Kathmandu 1993 Executive Committee of ICJ/Nepal Section Mr. Madhu Prasad Sharma C h airm an Mr. Motikazi Sthapit Vice-Chairman Mr. Kusuni Shrestha Secretary General Mr. Anup Raj Sharma Treasurer Mr. Krishna Prasad Pant Member Mrs. Silu Singh M ember Mr. Daman Dhungana Member Mr. Mahadev Yadav Member Ms. Indira Rana M ember M anager Krishna Man Pradhan FOREWORD I am glad to introduce this study on "The Refugee Problem' in Nepal" prepared for ICJ/Nepal Section in cooperation with Stichting European Human Rights Foundation, Belgium. This study project was entrusted to the ICj/Nepal Section on behalf of the Stichting European Human Rights Foundation, Belgium. I am highly indebted to Mr. Peter Ashman of the Stichting European Human Rights Foundation for giving the ICJ/Nepal Section an opportunity to be associated with this project. The refugee problem is in deed a formidable challenge to the world. Nepal has come under the grip of the refugee problem following the huge influx of the Bhutanese refugees in this country. The report has highlighted the global refugee problem while accounting for the refugee problem facing tliis country. I thank Mr. Mukti Rijal and Mr. Amir Ratna Shrestha for their efforts in the preparation of the study report. Thanks are due to Mr. Krishna Man Pradhan, Manager of ICJ/Nepal Section, Word Processor Mr. Ganesh Man Shrestha and others who assisted in the preparation and publication of the report. Kusum Shrestha General Secretary December, 1993 ICJ/Nepal Section RESEA RCH TEAM Mr. Mukti Rijal Mr. Amir Ratna Shrestha Table of Contents Foreword Introduction Chapter 1 Refugees: Conceptual Framework Chapter 2 Refugee Crisis andAssistance Chapter 3 Refugee Problem in Nepal Chapter 4 Nepal's Commitments to and Practice Caring for Refugees Chapter 5 Epilogue LIST OF ACRONYMS AND ABBREVIATIONS USED AALCC - Afro Asia Legal Consultative Committee CDO - Chief District Officer FAO - Food and Agriculture Organisation GDP - Gross Dom estic Product HMG - His Majesty's Government ICJ - International Commission of Jurists ICRC - International Committee of Red Cross JLO - Inernational Labour Organization INGO - International Non-governmental Organisation INHUREE) - Institute for Human Rights Environment and Development INSEC - Informal Sectoral Service Centre IOM - International Organization of Migration IRO - International Refugees Organization LWS - Lutheran World Service NGO - Non-governmental Organisation NPC - National Planning Commission OAU - Organization of African Unity OMIU - Operation Management & Implementation U n it SAARC - South Asian Association for Regional Cooperation UN - United Klations UNESCO - United Nations Educational Scientific and Cultural Organisation UNFPA - United Nations Fund for Population Activities UNHCR - United Nations High Commissioner for Refugees UNICEF - United Nations Children's Fund UNKRA - United Nations Korean Reconstitution Agency UNRRA - United Nations Relief and Rehabilation Administration UNRWA - United Nations Relief and Works Agency for Paletinian Refugees in Near East USA - United States of America VLC - Voluntary Leaving Certificate WFP - World Food Programme WHO - World Health Organisation introduction Objectives International Commission of Jurist/Nepal Section was entrusted by the European Human Rights Foundation to undertake a study on the refugee problem and practices in Nepal during January 1993. The study has been completed according to the schedule agreed upon by the ICJ/Nepal Section and the Foundation. Refugee problem has been a global issue; and Nepal has to. cope with the bufclening refugee problem following the influx of the refugees over the past three years. The study seeks to deal with different aspects of refugee problem faced by Nepal with reference to the global refugee problem. Methodology The study is based on primary and secondary data sources. The secondary data sources include various books, journals, magazine and newspapers. The study team in order to obtain first hand informations on the refugee problems in Nepal, visited the Bhutanese and Tibetan refugee camps and met with the refugees, and agency personnel engaged in providing relief services to the refugees. The team also discussed the refugee issue with the government officials concerned. The Study is basically of an exploratory nature and cannot claim to provide an analysis of all the issues connected to the refugee issue. Chapter Scheme The study report consists of five major chapters with several sub chapters included in them. The first chapter briefly accounts for the conceptual framework on the refugee issue with reference to historical perspectives. The second chapter takes a look at the global refugee crisis and humanitarian assistance measures. Accordingly, chapter 3 and 4 briefly examine the refugee problem in Nepal and the response measures to-tackle the growing refugee crisis. The concluding chapter suggests some relevant measures to address the global refugee problem. Limitations The report is of the exploratory nature, and based on the materials available in the area concerned. Chapter 1 REFUGEES : CONCEPTUAL FRAMEWORK Historical Setting The issue of refugee and asylum is not new. The Old Testament recounts how the Lord ordered Moses that, once the people of Israel reachd the promised land they should found six cities destined to provide asylum to innocent foreigners who were persecuted. In the Aztec civilization, a slave whose condition was degraded due to debt or crime he could regain his freedom if he managed to take refuge in the royal palace. An Azetc principle has it that "if a slave runs awav from his .owner and comes to you for protection, do not send him back. He may live in any of your towns that he chooses and you are not to treat him harshly.1 On several occasions, the New Testament1 considers Christians as pilgrims on the earth. St. Peter refers to Christians as "strangers and refugees." Similarly, Muslim culture is imbued with the concept of solidarity and generosity. Hindu traditions are based on hospitality and respect of guests and asylum seekers. In the medieval Europe, religious intolerance was at its zenith. In 1685, when the King Loius XIV repealed the Edict of Nantes, it set off the renewed persecution of Huguenots. The repeal of the Edict of Nantes represented a despicable plot which has destroyed a quarter of the people of the Kingdom. 1 See generally, UNHCR, Four Decades in the Service of Refugees, 1990. 1 Besides, some two hundred and fifty thousand French Huguenots scattered throughout Europe finding refuge in England, Holland, Germany or in the SwiSs Protestant cantons. In the past refugee problems complicated also when minority communities were forced to accept assimilation for w hich they were not culturally prepared-. The Kurds are a people whose known history goes back some three thousands years. The Kurds were originally nomads, they latter settled on a territory which extends over the present frontier regions of Iraq, Iran, Syria, Turkey and Central Asia. Their reasonable hopes for obtaining independence have been always dashed. The fortunes of the divided Kurdish community have been mixed, and discrimination and persecution have often been their lot. The case of the Palestinians is intricate. They are a people developed in a region reverred by three great modern religions. Latest act of the Palestinian drama is linked to a great persecution of our century, that of the Jews in Europe during fhe thirties and forties. After the second world war, the idea, put forward in the early twenties became widespread, that a Jewish home should be found, in the Biblical lands. The settlement of Jewish community meant the movement of another, the Palestinians. The Palestinians are now refugees scattered across many Arab states and their problem has become a case of prolonged confrontation. But now with the signing of historic accord promising self-government for Palestinians has dawned a new era in the Middle East.2 The accord promises that the security of the Israeli people will be reconciled with the hopes of Palestinian people. 2 The Rising Nepal,September 14, 1993. Indeed, human migrations are a common place phenomenon throughout history. There are few civilizations which have not experienced an epic period of exodus. Although conquests motivated many of these movements, at other times it was simply a need caused by natural or human disasters. About the beginning of the Christian era, the Bantu, apparently from the Savannah grasslands of present day Nigeria, began an impressive moverrient southwards in the African continent. Although the reasons which provoked the exile of an outstanding civilization like the Nok culture are not clear, it would seem that the problem of over population and inhospitable terrain, forced the Bantu to seek better te rrito ry . In another continent too, in Latin America, the conquest of the white man caused historic exile. The Incas defeated by white mans' invasion took asylum in Machu Pichhu. The city of Machu Pichhu provides a stupendous example of asylum culture. Thoughout history men and women have thus taken the terrible decision to go into exile. The grief of exile has inspired artistic masterpieces and profound reflections, products of experience of suffering and of the new places where exile was led. The major part of Dante's work was created during his e^ile. Sun Yat Sen-the vanguard of the Chinese domocratjc revolution led his good part of life in exile. Jose Artigafc, liberator of Uruguay was turned into a legend during exile. Leon Trostsky was sent into exiles during pre-Bolshevik and post-Bolshevik era. Sigmund Freud, Franz Kafka, Albert Einstien had led most of their important part of life in exiled ^ Supra note 1.
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