Oped»
MONDAY INTERVIEW
As per the Gentlemen’s Agreement, UNHCR will facilitate safe transit of Tibetan new arrivals to India
SEP 05 -
Nepal is the largest resettlement operation in the world
UNHCR is overseeing the largest resettlement programme of any country in recent years. Some 35,000 Bhutanese refugees have already been resettled after living nearly two decades in the camps in Eastern Nepal. At this rate in next few years the camps are likely to be empty save a few thousand refugees who haven’t declared interest or have been rejected by the resettling countries. UNHCR is also responsible for facilitating the safe transit of Tibetans into India. The Post broke the news last month of the existence of a Gentleman’s Agreement to provide safe passage to new Tibetan arrivals between the UNHCR, Western countries and Nepal. John Narayan Parajuli spoke with Stéphane Jaquemet, the country representative of UNHCR in Kathmandu about the ongoing resettlement process, Tibetan refugees and the agency’s future in Nepal.
How would you describe the ongoing resettlement process of the Bhutanese refugees?
I think it is going extremely well. Nepal has become the largest resettlement operation in the world. First we have this tremendous interest from resettlement countries. Secondly we have more than 99 percent acceptance rate, which is exceptional. Depending on nationalities, usually the acceptance rate is less than 90 percent. The refugees from Bhutan adjust well. Of course there are exceptions. But most of them are perceived extremely well by the resettlement countries. They are considered as law-abiding, modest and extremely respectful of the environment wherever they go.
UNHCR always believes in voluntary repatriation as the best solution. Since that wasn’t possible, resettlement was the only option. Out of the remaining some 77,000 in camps, over 56,500 have declared interest. About 20,000 haven’t declared interests, but that number is decreasing as we speak. We believe that at certain point, the number of people not committed for resettlement will be less than 10,000.
What happens to those who do not sign up for resettlement or those who have been rejected by the host countries?
When I say that the acceptance rate is 99 percent, it doesn’t mean that the other one percent has been rejected. Some cases are on hold. In that sense, the real rejection rate is minimal. For the others, I think more will declare interest as time progresses. There were rumours in the camp that resettlement will close in 2011/2012. There is no such deadline. Resettlement will continue to be available as long as there is an interest. Not that we want people to go at any cost. It’s not a UNHCR decision. On the contrary, it’s the people’s decision. But my feeling is that there will be very few people who will not declare an interest.
There are certain countries that will only take a set number of refugees. Does that mean refugees will have fewer options?
You have to realise that more than 85 percent of the refugees will go to the United States. So the US will remain the major option. The US has been very clear in leaving the door open. At one point the US had said that it will only take up to 60,000. Now it has said that it will continue to take refugees well beyond that threshold. But I am also optimistic that most of the countries will continue to have interest in the refugees from Bhutan
With regards to people who may be left behind, have you had any discussions with Nepal government on locally integrating them?
It’s a decision that the Nepal government will have to make. But for the time the number remains high and people are still expressing an interest in resettlement. But we have to be aware that at one point, the question will be asked and it will very much depend on the profile of the people. And one thing we should not forget is voluntary repatriation. So far we haven’t been successful, but I also believe when the numbers go down, Bhutan may be more open to voluntary repatriation.
Does this optimism come from your contact with the Bhutanese authorities?
To be frank, there isn’t much going on on that front. Our optimism stems from the belief that Bhutan has a responsibility and the international community should remind Bhutan of its obligation.
What happens to the camps and infrastructure itself?
From the UNHCR perspective, we will not be able to continue spreading out. We will have to merge the camps and consolidate the
services in a few places. But this is something we have to work on with the government. It’s not a decision UNHCR can take alone. When we merge the camps, we should take into account that for 20 years the local people have been generous and we should also express our gratitude in certain ways.
The presence of UNHCR and the refugees does contribute significantly to the local economy. UNHCR’s pull-out from camps may show some withdrawal symptoms. Have you thought about, perhaps, mitigating some of these effects?
We would like very much to do so. However, UNHCR doesn’t have the expertise. We will like to involve other actors. As the refugees have been in the Jhapa and Morang districts for 20 years, we believe we have a responsibility vis-à-vis the host community—not just to thank them for their generosity but to some extent to compensate them for their loss.
In the last few years Nepal had taken a tough line with regards Tibetans fleeing into Nepal and the Western countries have been quite critical of Nepal’s approach. What are your agency’s concerns?
Since early 1990s we have what we call a Gentlemen’s Agreement with the authorities, which is based on international law. As per the agreement, UNHCR will be facilitating the safe transit of Tibetan new arrivals to India. There is a commitment from both the UNHCR and Nepali government to continue the existing system which is based on Nepal’s international obligations.
Can you elaborate on the agreement?
Like any other country in the world, Nepal has an obligation not to return people seeking international protection. Based on that and out of humanitarian consideration, it was felt that UNHCR would play a role in facilitating the safe transit to India of the Tibetan new arrivals. Although Nepal is not a party to the 1951 Refugee Convention, it is party to a number of human rights instruments and treaties which contain the obligation of non-return of people seeking international protection. There was an op-ed in your newspaper which stated that international practice says that migrants can be deported. But this is not correct for someone who seeks international protection. The latter cannot be deported.
What is the precise number of Tibetan refugees in Nepal?
The estimated figure is approximately 20,000. The pre-1990s Tibetan refugees are recognised as refugees on a prima facie basis by the Nepali government. In particular, these refugees are entitled to Refugee Cards attesting to their right to reside in the country. In practice, however, the issuance/renewal of such documents has been inconsistent. Accordingly, UNHCR has advocated with the government for the issuance of documentation to all persons of concern in the long staying population of Tibetans in Nepal. UNHCR does not provide any form of assistance to the pre-1990 Tibetan refugees.
Are there plans to resettle the pre-1990 Tibetan refugees as well?
I don’t think it is on the agenda and UNHCR has not resettled any Tibetan refugees.
Now let’s talk about UNHCR’s future. Will the conclusion of Bhutanese resettlement process automatically lead to a drawdown of your office here?
UNHCR will remain in Nepal as long as there are refugees in the country. We will continue to provide international protection and assistance and seek durable solutions for all refugees in Nepal. However, the presence of UNHCR will very much depend on the Government of Nepal.In addition to its statutory function
of providing protection for refugees, UNHCR has a specific and global mandate to
prevent and reduce statelessness. UNHCR continues its advocacy efforts in coordination with other UN agencies, academics, legislators, and civil society to raise awareness and advocate for finding solutions to the problem of statelessness in Nepal. In addition, UNHCR continues to promote the adoption of appropriate citizenship laws and policies and ensure that the new Constitution meets international standards and Nepal’s obligations under international human rights treaties regarding equal, non-discriminatory and effective access to citizenship.
Posted on: 2010-09-06 03:30
Post Your Comment
Headlines
Advertisements
