t h e b h u t a n e s e r e f u g e e s
n e w s
From: jrsap@ksc.net.th
Subject: Bhutanese Update- 25 April 1996The peaceful march to Bhutan of Bhutanese refugees living in Nepal has been
suspended temporarily. Elsewhere, a Bhutanese national newspaper is
blaming the slow progress of bilateral negotiations on political
instability in Nepal.SUSPENSION OF PEACE MARCHES
The AMCC announced on 18 April the suspension of the marches, attributing
it to the "repeated interception-arrest-incarceration-release and re-arrest
of the Appeal marchers by the Indian administration."The AMCC is now undertaking a "Campaign for Free Passage", and is
requesting international support in their efforts to gain India's
cooperation in their efforts to return peacefully to Bhutan. The campaign
has three requests:1. To release all Bhutanese refugee Appeal Marchers from Indian jails.
2. To stop intercepting the Appeal Marchers who intend to go to Thimphu,
Bhutan to petition their King, and to provide them free and safe passage.
3. To adopt a positive and pragmatic policy vis-a-vis current Bhutanese
crisis and to use its good office and diplomatic influence to persurade the
Royal Government of Bhutan to release Mr. Tek Nath Rizal, the founding
Father of Bhutanese Human Rights Movement, and the resolve the human rights
problem in Bhutan and the Bhutanese refugee crisis through the process of
National Reconciliation.The AMCC is requesting symphathetic organizations and individuals to write to:
1. The Prime Minister of India
South Block, Gate no. 6
New Delhi 110011 INDIA
Fax: +91 11 31 9817/30167812. The Chief Minister
Writers Building
Calcutta 600 001 INDIA
Fax: +91 33 266 4443. The District Magistrate
Jalpaiguri District Administration
Jalpaiguri,
West Bengal, INDIA
Fax: +91 3561 22913
BILATERIAL TALKS UNPRODUCTIVE
After the seventh round of bilaterial talks designed to resolve the
Bhutanese refugee crisis failed to bring progress, an opinion piece in
"Kuensel" a Bhutanese newspaper, blames numerous changes in government in
Nepal for the lack of progress in the talks."The government in Nepal has changed three times since the talks began.
Two Home Ministers and one Foreign Minister have led the Nepalese team so
far. When the Nepalese media reported that the meeting of the two Foreign
Ministers was a major breakthrough, it did not mention that Bhutan had been
waiting since April 1995, for this meeting," the article states.Later, the article asserts that each change in government has brought a new
Nepalese policy toward the Bhutanese refugees, which has put the
negotiation process at risk."The latest Nepalese proposal carries an even more disturbing stand.
Dramatically relaxed criteria for the identification of the people in the
camps indicates that every man, woman and child must be settled in Bhutan
on the basis of his or her verbal statement. Even those who do not carry
other identification are to be sent to Bhutan."" . . . this is not only chilling news to Bhutan it will kill the entire
bilateral process which has, so far, been established and maintained with
excruciating difficulty."An article in the Kathmandu Post, 17 April, places the blame squarely on
Bhutanese intransigence and Nepalese appeasement."With such a shameful history of one-side surrender, and India's blind
support for Thimphu, should anyone really be surprised that Bhutan
continues to run circles around Nepal? And, given the prevailing climate
of political uncertainly here, why should Thimphu be more forthcoming now
than she has ever been? What more can we lose by internationalisation than
we have not already lost, specially [sic] when it is abundantly clear that
our policy of not doing so has been an unmitigated disaster? We have
nothing more to lose than the illusion that not doing so will help to
speedily repatriate the bulk , if not all, the refugees in safety and
dignity," the article states.MARCHERS
Meanwhile, 110 of a group of 454 marchers detained in Berhampur Central
Jail in West Bengal were denied unconditional release, and have been told
their release is pending their signing a personal release bond that
effectively ends their march. This group of marchers, according to AMCC,
were denied food for entire day of their hearing.Every group of marchers has been arrested and detained inside India, only
to be released after court rulings that their detentions were illegal.
After re-arrests, the Indian authoritites seem to be harassing the marchers
by postponing their court hearings. According to the AMCC, "the court
hearing of the detained refugee marchers have continually been postpones.
The hearing on the 150 and 188 who were arrested while resuming the march
from Siliguri on March 17 and 19 respectively was scheduled to take place
on April 16 and the 17th. But it has, under an arbitrary decision of the
jalpaiguri administration been postponed for May 20 and 21 respectively."
Declaring this, the Executive Magistrate Mr. G. Kabriyar, has stated that
if the marchers were released unconditionally, there would be every
possibility of breach of peace."Currently, 792 marchers are being detained in Indian jails of Siliguri,
Jalpaiguri, and Berhampur. The conditions in the jails are characterized
as poor, and several marchers have required hospitalization, with dysentry,
diahrroea and more srious illnesses. Many of the marchers have been
detained for three months now.The Bhutanese refugees were pushed out of Bhutan in beginning in 1990,
after the ruling minority Drukpas began to enforce a "One Nation One
People" policy that effectively excluded the ethnic Nepalese from
citizenship. Now around 100,000 Bhutanese, 1/6 of the total Bhutanese
population, live in exile in Nepal.The marchers, frustrated by years of unproductive bilateral negotiations,
began to walk back to Bhutan in January, but have been repeatedly detained
by Indian authorities.
Date: Mon, 22 Apr 1996 20:56:32 +0700
From: jrsap@ksc.net.th
Subject: Bhutanese Peace March Update- 22 April 1996The peaceful march to Bhutan of Bhutanese refugees living in Nepal has been
suspended temporarily, according to the organizational group, the Appeal
Movement Coordinating Committee (AMCC).The AMCC announced on 18 April the suspension of the marches, attributing
it to the "repeated interception-arrest-incarceration-release and re-arrest
of the Appeal marchers by the Indian administration."The AMCC is now undertaking a "Campaign for Free Passage", and is
requesting international support in their efforts to gain India's
cooperation in their efforts to return peacefully to Bhutan. The AMCC has
sent letters of appeal to various embassies and agencies, encouraging them
to pressure India into hearing their plea for free passage.In a related update, the Asian Center for the Progress of Peoples Hotline -
Asia, has released an urgent appeal for India to release unconditionally
all Bhutanese Appeal Marchers, and to allow them free passage according to
the 1949 Indo-Bhutan Friendship Treaty.Meanwhile, 110 of a group of 454 marchers detained in Berhampur Central
Jail in West Bengal were denied unconditional release, and have been told
their release is pending their signing a personal release bond that
effectively ends their march. This group of marchers, according to AMCC,
were denied food for entire day of their hearing.Every group of marchers has been arrested and detained inside India, only
to be released after court rulings that their detentions were illegal.
After re-arrests, the Indian authoritites seem to be harassing the marchers
by postponing their court hearings. According to the AMCC, "the court
hearing of the detained refugee marchers have continually been postpones.
The hearing on the 150 and 188 who were arrested while resuming the march
from Siliguri on March 17 and 19 respectively was scheduled to take place
on April 16 and the 17th. But it has, under an arbitrary decision of the
jalpaiguri administration been postponed for May 20 and 21 respectively."
Declaring this, the Executive Magistrate Mr. G. Kabriyar, has stated that
if the marchers were released unconditionally, there would be every
possibility of breach of peace."Currently, 792 marchers are being detained in Indian jails of Siliguri,
Jalpaiguri, and Berhampur. The conditions in the jails are characterized
as poor, and several marchers have required hospitalization, with dysentry,
diahrroea and more serious illnesses. Many of the marchers have been
detained for three months now.The Bhutanese refugees were pushed out of Bhutan in beginning in 1990,
after the ruling minority Drukpas began to enforce a "One Nation One
People" policy that effectively excluded the ethnic Nepalese from
citizenship. Now around 100,000 Bhutanese, 1/6 of the total Bhutanese
population, live in exile in Nepal.The marchers, frustrated by years of unproductive bilateral negotiations,
began to walk back to Bhutan in January, but have been repeatedly detained
by Indian authorities.
From: jrsap@ksc.net.th
Subject: Bhutanese Peace March Update- 10 April 1996
The April 9 Kathmandu Post reports that the 7th round of bilateral talks
between Bhutan and Nepal has failed under deadlock to resolve the fate of
more than 90,000 refugees who were forced from Bhutan into Nepal.Concern has intensified over the potential stateless status of the
refugees, and many are complaining that the issue will never resolve until
India participates in the negotiations.In the article, the Nepali Foreign Minister, Prakash Chandra Lohai is quoted as
saying, "If the refugees are not Bhutanese citizens, then they certainly
are not Nepalese citizens also," thus alluding to the possibility of these
people being rendered stateless.The Foreign Minister goes on,"The problem of Bhurtanese refugees in Nepal
is not a problem between oput two countries, it is a matter between the
Royal Government (of Bhutan) and the poeple of Bhutan. Nepal is involved
only because Nepal has given asylum on humanitarian grounds to people
seeking it."The Senior Nepali Government Advocate, Balaram K C, a member of the Nepali
delegation in the talks, defended this view: "The Universal Declaration of
Human Rights guarantees to every human being right to nationality as well
as protection agast arbitrary deprivation of citizenship." He argued
that Bhutan, being a member of the United Nations, is obliged to follow
these universal norms. Bhutan citizenship law, however, provides for
termination of citizenship for speaking against King, country and people.
Bhutanese law states anyone wilfully leaving the kingdom forfeits their
citizenship rights. The Bhutanese position is that the mast majority of
those now living in camps in Nepal left voluntarily.A cartoon at the foot of page one of the Kathmandu Post has a scene of a
press conference and text "We have already finalised the venue for the 8th
round of talks. Only difference is over the venue for 9th and 10th round of
talks".On behalf of the Bhutanese delegation, the Foreign Minister of Bhutan, Dawa
Tshering, (reported as 'media shy' since landing in Nepal) was asked to
comment on the recent European Union resolution which castigated Bhutan as
the perpetrator of the refugee exodus.Tshering replied, "I am not in the business of commenting on resolutions
passed by international bodies". Just before departing for Paro on his way
to Thimphu Tshering told TKP, "this refugeee problem is avery complicated
issue because of the intermingling economic, social and cultural aspects."Bhutan steadfastly refuses to repatriate all the refugees claiming that
most of them left 'voluntarily' which automatically forfeits citizenship
under Bhutanese law. Nepal disputes this claim, maintaining that most of
the refugees are Bhutanese citizens, and even carry appropriate
documentation and land titles. Therefore, they should be allowed to return
to their homeland. Besides, Nepal argues it can ill afford to carry the
social and economic burden of the refufgees for long.Lohani told reporters, "Our position is that the whole idea of voluntary
migration (by refugees) does not make sense because more than 90% of them
carry Bhutanese citizenship or land holding certificates. If they can apply
Bhutanese law (by automatically cancelling citizenship after 'voluntary
migration'), then Nepal too must apply its own laws which does ot provide
Nepali citizenship to
refugees. By law then these refugees are stateless people. In essence, what
this means is that if Bhutan refuses to take back all the refugees, there
will be thousands and thousands of stateless people which is a violation of
the universal declaration of human rights. The right to nationality is one
of the fundamental human rights. So we have told the Foreign Minister
(Tshering) that since
the refugees come from Bhutan, they must tell us how this problem is going
to be solved. Hesaid he would have to consult his government back home and
will reply to us later."Experts on the situation believe that a long lasting solution can only be
found if India steps in to mediate. Political scientist, Sridhar Khatri of
Tribhuvan University claims, "What Bhutan has done is buy some more time,
which was their game plan." The Nepali Foreign Minister says that the
government asked India to take part in the talks but that "they have asked
us to continue bilateral talks, and maybe the upcoming elections in India
have kept them busy".The same issue of the TKP has a scathing leaders on the futility of
continuing bilateral talks which issue in nothing of substance. This leader
also calls into question the elementary justice of the 1985 Citizenship Law
of Bhutan "making people who settled there up to 28 years before that date
to be non-Bhutanese." It continues, "Even when considering the unjust 1985
act, there was very little doubt that even the legal process under that law
was not observed in driving away the people."In earlier reports from Shital Niwas (the Foreign Ministry) say that every
one of Nepal's proposals was systematically stalled by the Druk regime
under a variety of pretexts.Concerns were also expressed over possible attempts by Bhutan to begin
extraditing Bhutanese exiles from India. The news item asks why King Jigme
was in India seeking a new Extradition Treaty Agreement recently. "Why this
new search for security after 48 years?" (in a reference to the Indo-Bhutan
Treaty of Friendship signed by the two governments in Darjeeling on 8th
August 1949).
Should such a new treaty become operative, Thimphu only need brand every
Bhutanese raising a voice against authoritarianism in Bhutan, or asking for
human rights and democratic reforms as a "Nepal-inspired terrorist" to be
extradited to Bhutan.The news item states that both the Nepal Government and the major
Opposition party (CPN-UML) agree that Bhutan should take back all her
citizens. A Foreign Office mandarin told the paper that the dispute should
be settled on the basis of accepted international norms and practices, not
on the basis of Bhutanese laws alone.Progress was reported between the two countries in harmonisiing the stands
of the two countries regarding the verification process of the refugees.
However the Nepali Foreign Minister, Dr. Prakash Chandra Lohani, said,
"There is not much ground for optimism; on the other hand there is no
reason to be pessimistic either." His Bhutanese opposite number, Lyonpo
Dawa Tshering declined to answer most of the questions of the press. Even
so TKP writes that Bhutan will take back only about 15,000 of the 90,000
refugees in the camps.The Bhutanese side has said that enen the King of Bhutan had requested
people in several southern Bhutanese villages not to migrate, but they
didn't listen. The refugees' story is slightly different: the King's visit
during the day was followed by the intrusions of the army at night,
destroying property and taking away citizenship documents.
POLITICAL STANDS
On Saturday 6th April the Bhutan People's Party (BBP) appealed to the
Government of Nepal to terminate the ongoing Nepal-Bhutan talks and urging
Nepal to internationalise the refugee issue.
IN OTHER REPORTS
A delegation from the Working Group on Arbitrary Detention is scheduled to
visit the camps in Nepal, and is reportedly reviewing their assessment of
the case of Bhutanese refugee advocate Tek Nath Rizal, who is being
detained inside Bhutan.The UN Human Rights Conventioni is currently considering a resolution
regarding the Bhutanese refugee problem.Amnesty International has this month released an Urgent Appeal on behalf of
the peace marchers.The Bhutanese refugees were pushed out of Bhutan in beginning in 1990,
after the ruling minority Drukpas began to enforce a "One Nation One
People" policy that effectively excluded the ethnic Nepalese from
citizenship. Now around 100,000 Bhutanese, 1/6 of the total Bhutanese
population, live in exile in Nepal.
From: jrsap@ksc.net.th
Subject: Bhutanese Peace March Update- 9 April 1996
The BCDM (Bhutanese Committee for Democratic Movement), who organized the
cycle rally to India earlier this year, has disowned published remarks that
it has begun to advocate violent opposition to the government in Bhutan.
Both the BCDM and the AMCC have declared their support for non-violent
methods of achieving their goals.In other news, several initiatives have broadened the scope of the Bhutan
refugee crisis to an increasingly international level, including a UN
Commission for Human Rights resolution currently being debated. And
hearings for 150 peace marchers re-arrested March 17 have been postponed
until mid-April.
AMCC PEACE MARCHERS:
The Jalpaiguri Sub Divional Executive Magistrate postponed the court
hearing of the 150 Peace Marchers who were re-arrested on 17th March at the
Mahananda Bridge. The 34 female Marchers were produced at the court where
the hearing was to take place at 2pm on 2nd April. The 116 male Marchers
were not brough t to the court. There was no hearing. At 3 pm the
Magistrate declared the hearing postponed until 16th April. On April 4
there was to have been a hearing for the 188 Peace Marchers re-arrested on
19th March at Saheed Nagar. News of the hearing is yet unavailable.AMCC continues to be concerned about the prison conditions, poor
food, inadequate medical provision, and even a lack of drinking water
for the females detained in Siliguri Jail."DISINFORMATION" IN THE PRESS
The Kathmandu Post, Sunday, 31st March, contained a front-page headline
"Bhutanese to launch armed movement". The body of the article mentions a
potential armed movement, stating "The BCDM today met here at Birtamode to
chalk out its strategy for an armed movement against the Bhutanese
government". The article states that the BCDM, the umbrella body that
brings together Bhutan's political, human rights, and social groups, had
stated that the Appeal Movement (AMCC's Peace Marchers currently making
their way to Bhutan) had made no impression whatsoever on the autocratic
regime of Bhutan.In a statement released April 2, the BCDM stated it "does not own
responsibility of the news item", and reaffirmed its intention to
"undertake peaceful activities inside Bhutan" to "resolve the refugee
crisis and usher in democratic reforms." The BCDM also called for the
Khathmandu Post to publish a correction.In further evidence of an attempt to internationalize the Bhutanese refugee
issue, the same article reported that the AMCC has decided to review its
own policies. The article reported the AMCC is to seek greater support for
the Bhutanese cause from the international community. According to TKP
"Sources say efforts are on to lobby the United States, and to get the US
Government to issue a statement as the one released by the European
Parliament recently".TKP of Monday 1st April reports with the front-page headline "Foreign
envoys visit refugee camp". The Foreign Minister of Nepal, Dr. Prakash
Chandra Lohani accompanied the Ambassadors of the United Kingdom, Pakistan,
China, Republic of Korea, Bangladesh and Thailand, together with the
Minister in the Swedish Embassy and the Counsellor in the Canadian Embassy.
The Head of the UNHCR Sub
Office, Arun Sala-Ngarm, informed the diplomats that there were a total of
90,124 Bhutanese taking shelter in the several camps in eastern Nepal.
Officials of both BCDM and AMCC presented memoranda to the visitors.TKP of Tuesday, 2nd April has a first leader on the Bhutanese refugees and
an opinion article with reference to the refugees. The leader is entitled
"Not through armed struggle", and starts "The quest for establishing
democracy and basic human rights in the feudal kingdom of Bhutan appears to
be taking a new turn with the announcement that armed struggle will soon be
launched from within
Bhutan itself to achieve the goal". The article refers to the announcement
as a "decision by the Bhutan Coalition for Democratic Movement".In understanding the frustration of the banned political parties, the
leader points out that the Peace Marches of AMCC had drawn international
attention and the European Union had come out strongly in favour of the
refugees. It adds that the Sunday visit of the Nepali Foreign Minister
together with several Kathmandu-based diplomats to the refugee camps was
another indication that the world was gradually coming to realise the
plight of the refugees.The leader continues: "Yet armed struggle is not the right answer. The BCDM
should reconsider its decision. Violence has never solved any problems". It
points out that an armed struggle in a country where a foreign army is
based (a reference to the Indian army based within the borders of Bhutan,
esp. on the northern border with China) will not only fail but render the
country chaotic, devoid of safety and security. "It will be their people
rather than the autocratic rulers who will suffer". The leader states the
duty of the Nepali
Government to ensure that Nepal is not used in any way to carry out any
part of their armed struggle. It continues "while Nepal should be happy
when and if ever democracy is established in Bhutan and its people able to
enjoy basic freedoms, its prime concerns should be the return home to
Bhutan of the refugees". The article concludes with the "need for some
tough talking" from the Foreign Minister of Nepal who will head the Nepali
delegation in the April 4th bilateral talks (7th round) with Bhutan on the
refugee issue.The opinion article is by Ananda P. Shrestha who is associated with the
Centre for Nepal and Asian Studies. It is a rebuttal of an article "Indo
Nepal Relations: Room for Adjustment", written J. N. Dixit, former Indian
Foreign Secretary, in which Dixit dismisses the Bhutanese refugees as
"Nepalese who have migrated from Bhutan into Nepal".In other reports,
A delegation from the Working Group on Arbitrary Detention is scheduled to
visit the camps in Nepal, and is reportedly reviewing their assessment of
the case
of Bhutanese refugee advocate Tek Nath Rizal, who is being detained inside
Bhutan.The UN Human Rights Conventioni is currently considering a resolution
regarding the Bhutanese refugee problem.Amnesty International has this month released an Urgent Appeal on behalf of
the peace marchers.The day before the visit of the Nepali oreign Minister and the diplomats,
there was the visit of an European Union delegation, Antonio Crespo-Moreno
of ECHO and Willy De Mayer of the Directorate General 1/Asia, on Saturday,
30th March.The Bhutanese refugees were pushed out of Bhutan in beginning in 1990,
after the ruling minority Drukpas began to enforce a "One Nation One
People" policy that effectively excluded the ethnic Nepalese from
citizenship. Now around 100,000 Bhutanese, 1/6 of the total Bhutanese
population, live in exile in Nepal.
From: jrsap@ksc.net.th
Subject: Bhutanese Peace March Update- 29 March 1996
191 Bhutanese peace marchers have crossed into India, constituting the
fifth group of marchers to begin the trek back to Bhutan, where they hope
to petition the Bhutanese King to resolve their situation. The marchers
are now being detained after being arrested under IPC 151, which already
has been dismissed in the cases of previous marchers.1. MARCHERS
1.1 5TH GROUP OF MARCHERS FROM MECHI BRIDGE
On the 26th of March a 5th group of 191 peace marchers crossed the
Mechi Bridge on the Indo-Nepal border. These are undertaking a
peaceful march to Thimpu, the capital of Bhutan to petition the King.
Unlike any previous attempt from this bridge, the marchers were
allowed to enter India and were given a police escort. That night
they broke their march at Bagdogra.On the 27th, they resumed their march and stayed in Siliguri (approx
30 km from Mechi Br). Continuing on the 28th, they crossed from
Darjeeling district into Jalpaiguri district at the Mahananda Bridge
and were allowed to proceed for about 5 km, when they stopped for
lunch. While they were eating, the police arrived and informed them
that they were to be arrested under CrPC Section 151. The arrests
took place peacefully and the marchers are now being detained. (Note:
while walking, 1 marcher bacame ill and had to withdraw, leaving 190)1.2 4TH GROUP OF MARCHERS FROM MECHI BRIDGE
On the 25th of March, the 183 peace marchers who were arrested on
the 12th of March at the Mechi Bridge under CrPC Section 151,
appeared before the Executive Magistrates Court in Siliguri. The
Executive Magistrate for Darjeeling district, Mr B.B.Lakandri
unconditionally released all of the marchers, declaring that their
detention was groundless since the administration could not prove any
intention of the marchers to disturb the peace.Now all the peace marchers who were arrested at the Mechi Bridge,
whether under CrPC 144 or 151, have been released. There are no peace
marchers who continue to be held under CrPC Section 144. The above
judgement must call into question the detenton of all the peace
marchers who have been arrested in Jalpaiguri district under CrPC
Section 151.1.3 3RD GROUP OF PEACE MARCHERS FROM PANCHA NADI CAMP
On the 23rd of March, a third group of 154 peace marchers attempted
to resume their Appeal march to Thimpu from the temporary Pancha Nadi
Camp in Siliguri which the marchers have established. As with the
previous groups, they were allowed free passage through the
Darjeeling district, but as they crossed into the Jalpaiguri district
at the Mahananda bridge they were intercepted by the Jalpaiguri
administration.The Executive Magistrate for Jalpaiguri district, Mr Dilip
Chatterjee informed the marchers that they were being arrested under
CrPC Section 151. He requested that they cooperate peacefully and
enter the police van. This they did.NOTE: Both of the arrests this week, which have been in the
Jalpaiguri district have take place peacefully and without agression
by either party. It is believed that the violence which took place
during the arrest of the 188 peace marchers on the Mahananda Bridge
on 19th March was a one off incident and not part of continuing
policy of intimidation on the part of the Jalpaiguri administration.1.4 OTHER ACTIVITIES IN INDIA
1.4.1 BANDH (STRIKE) IN DARJEELING DISTRICT
In protest of the inhuman treatment of the 188 marchers arrested on
the 19th March, a Bandh (general straike) was called in the
Darjeeling district on the 23rd of March. During this time no
motorised vehicles were allowed to move. Protest meetings were also
arranged.1.4.2 TEK NATH RIZAL'S BIRTHDAY
The 27th March was the birthday of Mr Tek Nath Rizal, the "Father of
the Bhutanese Human Rights Movement." Tek Nath Rizal has now
completed over 2323 days in Chemnang Central Prison, Thimpu for
"anti-national" activities.The day was marked by a mass demonstration in Siliguri on that day,
organised by the Indian support groups: Association for the
Protection of Democratic Rights (APDR), Association for the
Protection of Human Rights (APHR) and the Support Organisation for
the Bhutanese Refugees (SOBRE). The rallyists demanded the "immediate
release of Tek Nath Rizal and all the other political prisoners
languishing in Bhutanese jails."In addition, an appeal was sent to King Jigme Singe Wangchuck of
Bhutan demanding the leaders release. This was signed by more than
one hundred Indian support group members.2. POLITICAL SITUATION OF INDIAN SUB-CONTINENT
2.1 'No-Trust' Motion in Nepali Parliament
On the 24th of March the 'No-trust motion' raised against the current
government of Nepal was defeated. For now at least we apper to have
some stability but the papers are still asking how long will it
last?
3. SUMMARY OF PREVIOUS MARCHERS
Date of Number of Place of Date
Arrest Marchers Arrest of Release
M F TOT17-Jan-96 120 30 150 Mechi Bridge 27-Feb-96
14-Feb-96 229 44 273 Mechi Bridge 28-Feb-96
26-Feb-96 275 69 344 Mechi Bridge 18-Mar-96
12-Mar-96 169 14 183 Mechi Bridge 25-Mar-96
17-Mar-96 117 33 150 Mahananda Br M - Jalpaiguri jail
Jalpaiguri F - Siliguri jail19-Mar-96 167 21 188 Saheed Nagar M - Jalpaiguri jail
Jalpaiguri F - Siliguri jail23-Mar-96 117 37 154 Mahananda Br M - Jalpaiguri jail
F - Siliguri jail28-Mar-96 190 Saheed Nagar (Formerly 191, 1 sick)
Date: Fri, 29 Mar 1996 09:27:55 +0700
From: jrsap@ksc.net.th
Subject: Bhutanese demonstrations-update 23 March 1996
The European Parliament has adopted a resolution regarding the Bhutanese
refugees, and is calling for the government of Bhutan to begin making
arrangements for repatriation. And inside India, the last group of
marchers held under IPC 144 have been released after Indian courts ruled
the detention was illegal. A fourth group currently is being held under a
different penal code, IPC 151.1. EUROPEAN PARLIAMENT RESOLUTION
According to a press release from the Foreign Ministry of Nepal on
Saturday 16 Mar '96, the European Parliament unanimously adopted a
resolution on the Bhutanese refugee situation. The full text of the
resolution is as follows:The European Parliament is
a) deeply concerned at the plight of some 86,000, mostly Nepali speaking,
refugees from Bhutan who are currently in refugee camps in eastern
Nepal and of 15,000 others dispersed in the neighbouring areas of
Nepal and India.b) is aware of Bhutan's policy of 'national integration,' on the
basis of western Bhutanese (Drukpa) traditions and culture, led to a
campaign of suppression of Nepali cultural expression in Bhutan
beginning from 1990, revocation of citizenship and intimidation,
arrests and sometimes torture of ethnic Nepalese, resulting in a
large scale exodus to Nepal of these people.c) is disturbed that according to a recent report from the South
Asian Human Rights Documentation Centre, the conditions in the
refugee camps have deteriorated and that certain aid agencies,
including UNHCR, are now scaling down or withdrawing their assistance
to these camps.d) is aware that certain Bhutanese refugee groups organised peaceful
demonstrations to protest against this unacceptable situation and
undertook to march from Nepal to Bhutan across Indian territory.e) notes a report by Amnesty International that several demonstrators
were arrested by the Indian authorities in mid-January and released
after judicial verifications, but whereas several of them soon are to
be brought to the Siliguri court.f) calls on the governments of Bhutan and Nepal, in co-operation with
all other parties involved, to reach an agreement which will allow
the early voluntary repatriation of these Bhutanese refugees to their
country of origin.g) considers that the Indian authorities must take full account of
the humainitarian situation of the Bhutanese refugees in Nepal and
aquit all persons arrested during the peaceful demonstration.h) CALLS on the government of Bhutan to make practical preparations
for the UNHCR-supervised return of these refugees and to safeguard
the rights of minorities on it's teritory.i) CALLS on the Commission, the Council and the governments of the
Member States to provide assistance to the refugees in eastern Nepal,
both via the government of Nepal and via the aid agencies operating
in the field.j) CALLS on the Commission, the Council and the governments of the
Member States, in liason with the UNHCR, to discuss with the
government of Bhutan proposals for the provision of assistance for the
voluntary repatriation and reintegration of these refugees in their
former homes in Bhutan.k) notes that most of these refugees would appear to qualify der
International Law as being genuine citizens of Bhutan and considers
that Bhutan's Citizenship Act 1985 may need to be modified as a
result.l) instructs it's President to forward this resolution to the
Council, the Commisiion, governments of the Member States, the
governments of Bhutan, Nepal and India and the Secretariat of SAARC.
_________
Clearly, this is a major milestone in the Bhutanese refugees struggle
for repatriation. As an editorial in the Everest Herald expressed:
"Though the solution to the Bhutanese refugees still seems far away,
the recent resoluion of the European parliament has come as a respite
to both the Nepal government and the Bhutanese in exile."The resolution has been enthusiastically received by the refugees and
BCDM has issued a vote of thanks to all Human Rights and support
groups who have been advocating their case and assisting with the
adoption of this resolution. Hopefully I shall have the ful text of
this tommorrow.2. MARCHERS
2.1 3RD WAVE OF MARCHERS FROM MECHI BRIDGE
On the 18th March '96, the 344 Bhutanese refugees who constituted the
third group of peace marchers to be arrested at the Mechi Bridge
(ref 1.4 of jrsap update 19-Mar-96), were unconditionally released. At a
hearing before the Sub-Divisional Judicial Magistrate (SDJM),
Siliguri, the marchers were released after having been detained in
Baharampur Central Jail, West Bengal since 26th February under
Criminal Penal Code (Cr.PC) 144.The release comes nearly two weeks after the 1st group of 150 and the
2nd group of 300 were unconditionally released on the 27th and 28th
of February respectively, after their detention was declared
"illegal." There are now no peace marchers detained under CrPC 144.Following their release the 344 peace marchers made their way to the
temporary camp established on the banks of the Pancha Nadi River.
(ref 1.3 of jrsap update 19-Mar-96).2.2 4th WAVE OF MARCHERS FROM MECHI BRIDGE
The 183 peace marchers who were arrested at the Mechi Bridgeunder
CrPC 151 on the 12th of March continue to be detained in Siliguri
Special Jail.These are due to appear before the SDJM on the 25th of March.
2.3 PANCHA NADI CAMP
Following the release of the 344 peace marchers from Siliguri Special
Jail (ref 2.1 above), there are now c400 Bhutanese refugees in the
temporary camp which has been established on the banks of the Pancha
Nadi River in Siliguri.2.4 1st WAVE OF MARCHERS FROM PANCHA NADI CAMP
During the court sessions of the 27th and 28th of February, SDJM
declared that the Bhutanese citizens have the right to freedom of
movement in India under the provision of the 1949 Indo-Bhutan
Friendship Treaty.In line with this, on the 15th March, 150 of the Bhutanese refugees
from the temporary Pancha Nadi Camp, Siliguri, attempted to resume
their peaceful demonstration to Thimpu to petition the King of
Bhutan. With an Indian police escort under the Darjeeling district
administration, the peace marchers left from Siliguri.After having walked approx 5 km, the peace marchers reached the
Mahananda bridge, which marks the border between the Darjeeling and
Jalpaiguri districts. Here, they were prevented from proceeding by
the Jalpaiguri district administration and warned that they would be
arrested under CrPC 151.On the 17th March, following a sit in of 2 days, the refugees again
tried to proceed. They were arrested under CrPC 151, produced before
the Jalpaiguri court and taken to Jalpaiguri jail.When questioned as to why their path was impeded, the District
(Executive) Magistrate of Jalpaiguri district administration could
provide no satisfactory response. He said he was fully aware that
the marchers had not committed any crime which deserved arrest but he
had to follow orders from the government authorities.The marchers had already sent a petition to the Chief Minister of
West engal, Mr Jyoti Basu, to allow free and safe passage to proceed
to Bhutan. So far, this has not been forthcoming.2.5 2ND WAVE OF MARCHERS FROM PANCHA NADI CAMP
On the 18th of March, another group of 150 peace marchers from the
temporary Pancha Nadi Camp resumed their peace march to Bhutan. These
are now squatting on the Mahananda bridge, Siliguri, replacing the
previous group of 150 who were arrested on the 17th (ref 2.4 above).3. STATEMENT BY OFFICIALS OF BHUTAN
3.1 THE FOREIGN MINISTER OF BHUTAN
In an interview with the weekly Indian magazine "Outlook," the
Foreign Minister of Bhutan, Dawa Tsering has said: "Our position is
that not all the people in the camps are from Bhutan and all those
who may have gone from Bhutan aren't Bhutanese citizens. They are
immigrants sans citizenship status."Here he refers to the position in Bhutanese law that one forfeits the
right to citizenship by emigrating.3.2 THE KING OF BHUTAN
The full text of the remark made by King Jigme Singye Wangchuk of
Bhutan in an interview with the "Indian Express" 7-Mar-96 is: "If
the Nepalese, 99% of whom are not Bhutanese nationals, had crossed
into Bhutan, we would have definitely broken off our talks with
Nepal."He refers here to the bilateral interministerial talks between Bhutan
and Nepal regarding the repatriation of the Bhutanese refugees.
These, reportedly, are due to be held on the 4th to 8th of April and
are the first to be conducted at foreign minister level rather than
home minister.It is interesting that although the talks are to be held between
foreign ministers and that under the 1949 treaty between Bhutan and
India, "Bhutan agrees to be guided by the advice of the Government of
India in regard to it's external relations," that India refuses to be
involved, insisting that the issue is a bilateral one.This is to be the 7th round of talks. All previous rounds have failed
to produce anything substantive and have been largely futile.4. UN COMMISSION ON HUMAN RIGHTS.
The Annual meeting of the UN Commission on Human Rights commenced on
the 18th of March 1996, in Geneva, Switzerland.In a press statement, the AMCC has urged the Commission "to resolve
to work towards finding an immediate solution to the human rights
problem in Bhutan and the Bhutanese refugee crisis."
Background
All the marchers have lived in refugee camps inside Nepal since being
expelled from their home of Bhutan in the early 1990's. Over the last six
years international talks have failed to resolve their situation, even
though many of the refugees carry valid citizenship and property documents.The marchers began a peaceul march back to Bhutan in January of this year,
but were detained illegally by Indian officials.The peace marchers have all along insisted on acting non-violently.
The refugees in Nepal, totalling about 1/6 of the 600,000 people populating
Bhutan, were forced to leave the country in the early 1990's after a "One
Nation/ One People" policy effectively rendered them stateless. The
international community has been thus far ineffective in resolving their
plight. Bhutan has the largest percentage of its people living as refugees
in the world.-end-
From: jrsap@ksc.net.th
Subject: Bhutanese demonstrations-update 23 March 1996The European Parliament has adopted a resolution regarding the Bhutanese
refugees, and is calling for the government of Bhutan to begin making
arrangements for repatriation. And inside India, the last group of
marchers held under IPC 144 have been released after Indian courts ruled
the detention was illegal. A fourth group currently is being held under a
different penal code, IPC 151.1. EUROPEAN PARLIAMENT RESOLUTION
According to a press release from the Foreign Ministry of Nepal on
Saturday 16 Mar '96, the European Parliament unanimously adopted a
resolution on the Bhutanese refugee situation. The full text of the
resolution is as follows:The European Parliament is
a) deeply concerned at the plight of some 86,000, mostly Nepali speaking,
refugees from Bhutan who are currently in refugee camps in eastern
Nepal and of 15,000 others dispersed in the neighbouring areas of
Nepal and India.b) is aware of Bhutan's policy of 'national integration,' on the
basis of western Bhutanese (Drukpa) traditions and culture, led to a
campaign of suppression of Nepali cultural expression in Bhutan
beginning from 1990, revocation of citizenship and intimidation,
arrests and sometimes torture of ethnic Nepalese, resulting in a
large scale exodus to Nepal of these people.c) is disturbed that according to a recent report from the South
Asian Human Rights Documentation Centre, the conditions in the
refugee camps have deteriorated and that certain aid agencies,
including UNHCR, are now scaling down or withdrawing their assistance
to these camps.d) is aware that certain Bhutanese refugee groups organised peaceful
demonstrations to protest against this unacceptable situation and
undertook to march from Nepal to Bhutan across Indian territory.e) notes a report by Amnesty International that several demonstrators
were arrested by the Indian authorities in mid-January and released
after judicial verifications, but whereas several of them soon are to
be brought to the Siliguri court.f) calls on the governments of Bhutan and Nepal, in co-operation with
all other parties involved, to reach an agreement which will allow
the early voluntary repatriation of these Bhutanese refugees to their
country of origin.g) considers that the Indian authorities must take full account of
the humainitarian situation of the Bhutanese refugees in Nepal and
aquit all persons arrested during the peaceful demonstration.h) CALLS on the government of Bhutan to make practical preparations
for the UNHCR-supervised return of these refugees and to safeguard
the rights of minorities on it's teritory.i) CALLS on the Commission, the Council and the governments of the
Member States to provide assistance to the refugees in eastern Nepal,
both via the government of Nepal and via the aid agencies operating
in the field.j) CALLS on the Commission, the Council and the governments of the
Member States, in liason with the UNHCR, to discuss with the
government of Bhutan proposals for the provision of assistance for the
voluntary repatriation and reintegration of these refugees in their
former homes in Bhutan.k) notes that most of these refugees would appear to qualify der
International Law as being genuine citizens of Bhutan and considers
that Bhutan's Citizenship Act 1985 may need to be modified as a
result.l) instructs it's President to forward this resolution to the
Council, the Commisiion, governments of the Member States, the
governments of Bhutan, Nepal and India and the Secretariat of SAARC.
_________
Clearly, this is a major milestone in the Bhutanese refugees struggle
for repatriation. As an editorial in the Everest Herald expressed:
"Though the solution to the Bhutanese refugees still seems far away,
the recent resoluion of the European parliament has come as a respite
to both the Nepal government and the Bhutanese in exile."The resolution has been enthusiastically received by the refugees and
BCDM has issued a vote of thanks to all Human Rights and support
groups who have been advocating their case and assisting with the
adoption of this resolution. Hopefully I shall have the ful text of
this tommorrow.2. MARCHERS
2.1 3RD WAVE OF MARCHERS FROM MECHI BRIDGE
On the 18th March '96, the 344 Bhutanese refugees who constituted the
third group of peace marchers to be arrested at the Mechi Bridge
(ref 1.4 of jrsap update 19-Mar-96), were unconditionally released. At a
hearing before the Sub-Divisional Judicial Magistrate (SDJM),
Siliguri, the marchers were released after having been detained in
Baharampur Central Jail, West Bengal since 26th February under
Criminal Penal Code (Cr.PC) 144.The release comes nearly two weeks after the 1st group of 150 and the
2nd group of 300 were unconditionally released on the 27th and 28th
of February respectively, after their detention was declared
"illegal." There are now no peace marchers detained under CrPC 144.Following their release the 344 peace marchers made their way to the
temporary camp established on the banks of the Pancha Nadi River.
(ref 1.3 of jrsap update 19-Mar-96).2.2 4th WAVE OF MARCHERS FROM MECHI BRIDGE
The 183 peace marchers who were arrested at the Mechi Bridgeunder
CrPC 151 on the 12th of March continue to be detained in Siliguri
Special Jail.These are due to appear before the SDJM on the 25th of March.
2.3 PANCHA NADI CAMP
Following the release of the 344 peace marchers from Siliguri Special
Jail (ref 2.1 above), there are now c400 Bhutanese refugees in the
temporary camp which has been established on the banks of the Pancha
Nadi River in Siliguri.2.4 1st WAVE OF MARCHERS FROM PANCHA NADI CAMP
During the court sessions of the 27th and 28th of February, SDJM
declared that the Bhutanese citizens have the right to freedom of
movement in India under the provision of the 1949 Indo-Bhutan
Friendship Treaty.In line with this, on the 15th March, 150 of the Bhutanese refugees
from the temporary Pancha Nadi Camp, Siliguri, attempted to resume
their peaceful demonstration to Thimpu to petition the King of
Bhutan. With an Indian police escort under the Darjeeling district
administration, the peace marchers left from Siliguri.After having walked approx 5 km, the peace marchers reached the
Mahananda bridge, which marks the border between the Darjeeling and
Jalpaiguri districts. Here, they were prevented from proceeding by
the Jalpaiguri district administration and warned that they would be
arrested under CrPC 151.On the 17th March, following a sit in of 2 days, the refugees again
tried to proceed. They were arrested under CrPC 151, produced before
the Jalpaiguri court and taken to Jalpaiguri jail.When questioned as to why their path was impeded, the District
(Executive) Magistrate of Jalpaiguri district administration could
provide no satisfactory response. He said he was fully aware that
the marchers had not committed any crime which deserved arrest but he
had to follow orders from the government authorities.The marchers had already sent a petition to the Chief Minister of
West engal, Mr Jyoti Basu, to allow free and safe passage to proceed
to Bhutan. So far, this has not been forthcoming.2.5 2ND WAVE OF MARCHERS FROM PANCHA NADI CAMP
On the 18th of March, another group of 150 peace marchers from the
temporary Pancha Nadi Camp resumed their peace march to Bhutan. These
are now squatting on the Mahananda bridge, Siliguri, replacing the
previous group of 150 who were arrested on the 17th (ref 2.4 above).3. STATEMENT BY OFFICIALS OF BHUTAN
3.1 THE FOREIGN MINISTER OF BHUTAN
In an interview with the weekly Indian magazine "Outlook," the
Foreign Minister of Bhutan, Dawa Tsering has said: "Our position is
that not all the people in the camps are from Bhutan and all those
who may have gone from Bhutan aren't Bhutanese citizens. They are
immigrants sans citizenship status."Here he refers to the position in Bhutanese law that one forfeits the
right to citizenship by emigrating.3.2 THE KING OF BHUTAN
The full text of the remark made by King Jigme Singye Wangchuk of
Bhutan in an interview with the "Indian Express" 7-Mar-96 is: "If
the Nepalese, 99% of whom are not Bhutanese nationals, had crossed
into Bhutan, we would have definitely broken off our talks with
Nepal."He refers here to the bilateral interministerial talks between Bhutan
and Nepal regarding the repatriation of the Bhutanese refugees.
These, reportedly, are due to be held on the 4th to 8th of April and
are the first to be conducted at foreign minister level rather than
home minister.It is interesting that although the talks are to be held between
foreign ministers and that under the 1949 treaty between Bhutan and
India, "Bhutan agrees to be guided by the advice of the Government of
India in regard to it's external relations," that India refuses to be
involved, insisting that the issue is a bilateral one.This is to be the 7th round of talks. All previous rounds have failed
to produce anything substantive and have been largely futile.4. UN COMMISSION ON HUMAN RIGHTS.
The Annual meeting of the UN Commission on Human Rights commenced on
the 18th of March 1996, in Geneva, Switzerland.In a press statement, the AMCC has urged the Commission "to resolve
to work towards finding an immediate solution to the human rights
problem in Bhutan and the Bhutanese refugee crisis."
Background
All the marchers have lived in refugee camps inside Nepal since being
expelled from their home of Bhutan in the early 1990's. Over the last six
years international talks have failed to resolve their situation, even
though many of the refugees carry valid citizenship and property documents.The marchers began a peaceul march back to Bhutan in January of this year,
but were detained illegally by Indian officials.The peace marchers have all along insisted on acting non-violently.
The refugees in Nepal, totalling about 1/6 of the 600,000 people populating
Bhutan, were forced to leave the country in the early 1990's after a "One
Nation/ One People" policy effectively rendered them stateless. The
international community has been thus far ineffective in resolving their
plight. Bhutan has the largest percentage of its people living as refugees
in the world.-end-
From: jrsap@ksc.net.th
Subject: Bhutanese demonstrations-update 19 March 1996Please excuse the lapse in information regarding the Bhutanese refugee
peace marchers, and the consequent length of this report.The following is a review and update of the situation. It includes status
of each group of peace marchers, country informatio from India, Nepal, and
Bhutan, including statements from the Bhutanese king.Finally, a draft resolution by a human rights group is included, as well as
a sample letter that could be used in lobbying governments.1. MARCHERS
1.1 1st WAVE OF MARCHERS
The original 150 peace marchers who left Damak on the 14th of January and
were subsequently arrested on the 17th of Jan, were released on the 27th of
Feb from Jalpaiguri and Siliguri Special Jails. The imposition of Indian
Penal Code (IPC) Section 144, under which they had been held, was declared
unlawful. After spending a night in a school in the Pradhan Nagar suberb of
Siliguri, they then established a camp on the banks of the Pancha Nadi
River, again in Siliguri.1.2 2nd WAVE OF MARCHERS
The 2nd group of 273 peace marchers who had forced entry into India and
subsequent arrest on the 14th of February, were released from Siliguri
Special Jail on the 28th of Feb. Again the imposition of IPC 144 under
which they were being held, was declared unlawful. From the jail, they went
to the camp on the banks of the Pancha Nadi River in Siliguri, where they
joined the original group (see 1.1 above).1.3 PANCHA NADI CAMP
After the prolonged period spent in jail by both the groups, the marchers
established a camp to rest, rebuild their strength and prepare to continue
their march to Thimpu to petition the King of Bhutan. Some returned to the
refugee camps in Nepal, due to illnesses acquired while in jail. Of the 423
(150+273) released from jail, the number of marchers preparing to resume
the march was c400.1.4 3rd WAVE OF MARCHERS
The 344 peace marchers who forced entry into India and subsequently were
arrested on the 26th of February are currently being held in the West
Bengal Central Jail, Bahrampur, where they have been taken during our
absence. This is c400 km from Siliguri. They have been arrested and
continue to be held under IPC 144, despite the release of the two previous
groups more than two weeks ago.In contrast with the experience at Jalpaiguri and Siliguri Special Jails,
access to these detainees is available by monitoring groups. Mr Gobin
Adhikari, of Beldangi 2 Refugee camp, visited West Bengal Central jail
between the 3rd and 12th of March, and reported there were approx 20 who
had fallen ill with a range of complaints including fever, diarrhoea, blood
dysentry and backache. One of the female prisoners has been hospitalised
outside the jail and food is reported to be insufficient.The court hearing of the 344 peace marchers was scheduled to take place at
the Sub-Divisional Judicial Magistrate Court on the 11th of March. This was
adjourned until the 18th of the same since there were insufficient escorts
to accompany the marchers from Bahrampur jail to Siliguri court. This was
reported in the Rising Nepal (RN) 13-3-96.1.5 4th WAVE OF MARCHERS
On the 12th of March, 183 Bhutanese refugess were arrested at the Mechi
Bridge on the Indo-Nepal border. Despite the two court rulings two weeks
previously, declaring the imposition of IPC144 to be unlawful, the bridge
had remained barricaded by the Indian police. When the marchers approached
the border, they were stopped by the Executive Magistrate, Mr A.
Bhattacharya. Mr Bhattacharya informed that although IPC144 was not in
force, the marchers would be arrested
under IPC Section 151, since it was judged that the peace marchers'
movement would disturb the peace in the area. The marchers were taken to
Siliguri court, although they were not charged,