Languishing in Limbo: A Human Rights Report on Tibetan Refugees in Nepal
Since 1959, Nepal has provided refuge to Tibetan refugees who crossed the border to escape violence and persecution by the government of the People’s Republic of China (PRC). Nepal hosts the second-largest Tibetan refugee population after India. However, Nepal is no longer a safe haven for Tibetan refugees.
“Nepal has become a second Tibet.”
Since the mid-1990s, as the influence of the PRC has grown, repression targeting Tibetans has increasingly extended beyond China’s borders. Nepal has also shifted its policy toward Tibetan refugees as its ties with China deepened, including following the 2015 border tensions with India, the signing of the Treaty on Mutual Legal Assistance with the PRC in 2019, and participation in the Belt and Road Initiative.
Bidya Devi Bhandari, then President of Nepal, welcomes PRC President Xi Jinping (2019). © The Kathmandu Post
The report Languishing in Limbo, jointly published by the Asian Dignity Initiative (ADI) and the Tibetan Centre for Human Rights and Democracy (TCHRD), finds that Tibetan refugees face worsening restrictions on fundamental rights, including the freedoms of assembly, association, and expression; freedom of movement; freedom of religion and thought; as well as the rights to education and work. Cases of arbitrary detention have also been documented.
Tibetan refugees who arrived after 1990 or were born in Nepal are effectively unable to travel, work, or pursue higher education because they are ineligible for refugee identification documents.
Refugee ID card for Tibetan refugees issued by the Nepalese government © Cho Jinsub
Surveillance and intelligence activities targeting exiled Tibetan communities reportedly continue, with the cooperation of the Nepalese authorities. As a result, Tibetan refugees face restrictions on cultural and religious activities, as well as on freedoms of expression and association. Incidents of arbitrary or preventive detention tend to increase around politically sensitive anniversaries.
The Government of Nepal has reportedly acted in ways that contravene the 1989 “Gentleman’s Agreement” with UNHCR, including by obstructing the resettlement of Tibetan refugees under political pressure from the PRC. Consequently, many Tibetan refugees find themselves unable to live with dignity in Nepal while also lacking viable pathways to resettlement elsewhere.
Therefore, ADI and TCHRD suggest following recommendations to the Nepalese government, the PRC government, and the international society as below:
To the Government of Nepal
Sign and ratify the 1951 Refugee Convention, the 1967 Protocol, the 1954 Convention relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness.
Uphold the principle of non-refoulement in accordance with Article 3 of the Convention against Torture.
Respect the Gentleman’s Agreement with UNHCR to ensure the safe passage of Tibetan refugees.
Adopt laws and policies to protect the fundamental rights of Tibetan refugees.
Issue refugee identification and travel documents enabling access to education, employment, and freedom of movement.
Ensure constitutional protections for all persons residing in Nepal consistent with international human rights obligations.
Facilitate voluntary departure and third-country resettlement by providing necessary documentation.
To the Government of People's Republic of China
Refrain from actions that undermine Nepal’s sovereignty.
Cease pressuring Nepalese authorities in ways that contribute to human rights violations.
End surveillance and intimidation targeting Tibetan communities in Nepal.
Allow UNHCR and relevant authorities to ensure the safe movement of refugees.
Ensure compliance with international refugee and human rights standards.
To the International Community
Encourage both Nepal and the PRC to uphold international human rights and refugee law.
Support efforts to provide documentation and legal protection for Tibetan refugees.
Urge Nepal to accede to core refugee and statelessness conventions.
Provide financial and technical assistance, particularly for young refugees.
Prioritize the protection needs of Tibetan refugees within UN and NGO frameworks.
Explore expanded third-country resettlement pathways
Languishing in Limbo: A Human Rights Report on Tibetan Refugees in Nepal
Since 1959, Nepal has provided refuge to Tibetan refugees who crossed the border to escape violence and persecution by the government of the People’s Republic of China (PRC). Nepal hosts the second-largest Tibetan refugee population after India. However, Nepal is no longer a safe haven for Tibetan refugees.
“Nepal has become a second Tibet.”
Since the mid-1990s, as the influence of the PRC has grown, repression targeting Tibetans has increasingly extended beyond China’s borders. Nepal has also shifted its policy toward Tibetan refugees as its ties with China deepened, including following the 2015 border tensions with India, the signing of the Treaty on Mutual Legal Assistance with the PRC in 2019, and participation in the Belt and Road Initiative.
Bidya Devi Bhandari, then President of Nepal, welcomes PRC President Xi Jinping (2019). © The Kathmandu Post
The report Languishing in Limbo, jointly published by the Asian Dignity Initiative (ADI) and the Tibetan Centre for Human Rights and Democracy (TCHRD), finds that Tibetan refugees face worsening restrictions on fundamental rights, including the freedoms of assembly, association, and expression; freedom of movement; freedom of religion and thought; as well as the rights to education and work. Cases of arbitrary detention have also been documented.
Tibetan refugees who arrived after 1990 or were born in Nepal are effectively unable to travel, work, or pursue higher education because they are ineligible for refugee identification documents.
Refugee ID card for Tibetan refugees issued by the Nepalese government © Cho Jinsub
Surveillance and intelligence activities targeting exiled Tibetan communities reportedly continue, with the cooperation of the Nepalese authorities. As a result, Tibetan refugees face restrictions on cultural and religious activities, as well as on freedoms of expression and association. Incidents of arbitrary or preventive detention tend to increase around politically sensitive anniversaries.
The Government of Nepal has reportedly acted in ways that contravene the 1989 “Gentleman’s Agreement” with UNHCR, including by obstructing the resettlement of Tibetan refugees under political pressure from the PRC. Consequently, many Tibetan refugees find themselves unable to live with dignity in Nepal while also lacking viable pathways to resettlement elsewhere.
Therefore, ADI and TCHRD suggest following recommendations to the Nepalese government, the PRC government, and the international society as below:
To the Government of Nepal
Sign and ratify the 1951 Refugee Convention, the 1967 Protocol, the 1954 Convention relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness.
Uphold the principle of non-refoulement in accordance with Article 3 of the Convention against Torture.
Respect the Gentleman’s Agreement with UNHCR to ensure the safe passage of Tibetan refugees.
Adopt laws and policies to protect the fundamental rights of Tibetan refugees.
Issue refugee identification and travel documents enabling access to education, employment, and freedom of movement.
Ensure constitutional protections for all persons residing in Nepal consistent with international human rights obligations.
Facilitate voluntary departure and third-country resettlement by providing necessary documentation.
To the Government of People's Republic of China
Refrain from actions that undermine Nepal’s sovereignty.
Cease pressuring Nepalese authorities in ways that contribute to human rights violations.
End surveillance and intimidation targeting Tibetan communities in Nepal.
Allow UNHCR and relevant authorities to ensure the safe movement of refugees.
Ensure compliance with international refugee and human rights standards.
To the International Community
Encourage both Nepal and the PRC to uphold international human rights and refugee law.
Support efforts to provide documentation and legal protection for Tibetan refugees.
Urge Nepal to accede to core refugee and statelessness conventions.
Provide financial and technical assistance, particularly for young refugees.
Prioritize the protection needs of Tibetan refugees within UN and NGO frameworks.
Explore expanded third-country resettlement pathways