This record is a partial extract of the original cable. The full text of the original cable is not available.

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 000228 
 
SIPDIS 
 
STATE FOR SA/INS AND PRM 
LONDON FOR POL - RIEDEL 
GENEVA FOR RMA 
 
E.O. 12958: DECL: 02/06/2013 
TAGS: PREF PREL EAID BT NP
SUBJECT: APPARENT BREAKTHROUGH IN BHUTANESE REFUGEE DEADLOCK 
 
REF: A. (A) KATHMANDU 0170 
 
     ¶B. (B) STATE 16356 
     ¶C. (C) GENEVA 0253 
     ¶D. (D) KATHMANDU 0128 
 
Classified By: DCM ROBERT K. BOGGS.  REASON:  1.5 (B,D). 
 
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SUMMARY 
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¶1.  (C) Summary and Action Request:  Meeting in Kathmandu on 
February 6, Nepali Foreign Minister Narendra Bikram Shah and 
Bhutanese Foreign Minister Lyonpo Jigmi Y. Thinley reportedly 
reached agreement on criteria for the resettlement and 
repatriation of more than 100,000 Bhutanese refugees in 
Nepal. According to a senior Nepali participant in the talks, 
the Government of Bhutan (GOB) agreed to take back those who 
left "voluntarily" and those who have been convicted of 
crimes, as well as those forcibly evicted from Bhutan.  The 
GOB committed to apply a "liberal" interpretation of its 
citizenship law to voluntary emigres, who must reapply for 
Bhutanese citizenship upon return to their homeland.  The 
Government of Nepal (GON) has agreed to offer refugees the 
"option to return"; implicit in such an offer, according to 
the MFA, is an option to remain and be resettled in Nepal. 
The Joint Verification Team, which has not met since December 
2001, will reconvene on February 24 in Thimpu to begin 
categorizing the 12,000 refugees interviewed from one of 
seven refugee camps.  Another ministerial meeting is 
scheduled for March 24 in Thimpu.  The GON is prepared to 
give the GOB "the benefit of the doubt" that it will fulfill 
its commitments, according to a Nepali MFA official, but 
believes continued donor pressure will be necessary to keep 
up the momentum.  Rudiger Wenk, EU CDA in Kathmandu, told the 
DCM that his headquarters has already agreed to send a letter 
to the GOB urging quick movement on resolving the 13-year-old 
refugee issue, and suggested the USG contact Commissioner 
Chris Patton to coordinate efforts.  Department is requested 
to review sending such a communication to Commissioner 
Patton.  End summary. 
 
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GOB AGREES TO TAKE "VOLUNTARY" EMIGRES 
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¶2.  (SBU)  After languishing more than one year without 
progress, bilateral talks on resolving the plight of more 
than 100,000 Bhutanese refugees in Nepal moved a significant 
step forward in Kathmandu on February 6 when the Foreign 
Ministers of both countries "harmonized" their countries' 
definitions of four different categories of refugees and 
reportedly agreed on which may qualify for repatriation to 
Bhutan.  (Note:  The four categories are: a) those forcibly 
evicted from Bhutan; b) those who left Bhutan voluntarily; c) 
criminals; and d) non-Bhutanese.  Progress toward 
repatriating an initial 12,000 refugees whose status had been 
"verified" by a biltaral team in 2001 had been stalled by the 
Government of Bhutan's refusal to readmit anyone from the 
second and third categories.  Because many refugees 
apparently signed documents before their departure stating 
they were leaving of their own free will--documents that most 
now claim were signed under duress--the Government of Nepal 
feared that the majority of refugees would fall into the 
second category.  End note.)  During talks this week, the 
Government of Bhutan (GOB) reportedly agreed to accept for 
repatriation refugees classified under the first three 
categories.  The Government of Nepal (GON) agreed to offer 
refugees "the option to return" to Bhutan, which, according 
to Nepali MFA Joint Secretary and Spokesman Gyan Chandra 
Acharya, who participated in the talks, offers the implicit 
option not to return and to be resettled in Nepal. 
 
¶3.  (C) "Voluntary" emigres accepted for repatriation must 
reapply for Bhutanese citizenship.  Acharya said the GOB had 
agreed to extend a "liberal" interpretation of its 
citizenship law to such applications.  The prickly question 
of whether the GON will extend the possibility of citizenship 
to those refugees electing resettlement in Nepal--a point the 
GOB had earlier demanded--will be "sorted out" later, Acharya 
said.  (Note:  Citizenship issues are politically sensitive 
in Nepal, primarily because of the large volume of 
undocumented residents of Indian parentage, particularly in 
the southern plains, pressing for citizenship.  End note.) 
 
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AFTER CATEGORIZATION, REPATRIATION 
----------------------------------- 
¶4.  (SBU) The Joint Verification Team (JVT), which last met 
in December 2001, will reconvene in Thimpu on February 24.  A 
13th ministerial meeting is also scheduled to be held in 
Thimpu on March 24.  The JVT, which will be headed by Joint 
Secretaries from the respective Home Ministries, will begin 
 
SIPDIS 
the long-deferred work of categorizing the 12,000 residents 
whose status was "verified" during JVT interviews at one of 
the seven refugee camps in 2001.  Acharya said the GOB has 
assured the GON that categorization will proceed more 
expeditiously than the verification exercise, which took nine 
months to complete.  Once the categorization of the initial 
12,000 refugees is finished, repatriation will begin, Acharya 
said, although no specific time frame has been established. 
 
 
¶5.  (C)  Acharya said the GON insisted that repatriation of 
the initial 12,000 "verified" refugees at the first camp be 
completed before interviews are undertaken at the remaining 
six camps.  He said he is fairly confident that once a 
successful sequence of verification, followed by 
repatriation/resettlement is established, the work of 
interviewing and categorizing the remaining 88,000 refugees 
should proceed less laboriously. 
 
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GON GIVES GOB "BENEFIT OF THE DOUBT" 
------------------------------------ 
 
¶6.  (C) While acknowledging several previous false starts 
over the 13 years of efforts to resolve the refugee problem, 
Acharya said his government is encouraged by the GOB's 
apparently accommodating stance.  The GOB might quibble later 
about definitions, question the veracity of refugee 
documents, or employ other delaying tactics, Acharya said; 
nonetheless, for now the GON must give Bhutan the "benefit of 
the doubt" that it will live up to its commitments.  He 
credited donor nation pressure for convincing the GOB to make 
the concessions it has, and suggested that the conclusion of 
such an important agreement just ten days before the 
beginning of the Bhutan aid consortium meeting in Geneva was 
more than coincidental.  Acharya, who was speaking at a 
luncheon attended by the U.S., British, French, and German 
Ambassadors, urged that donors continue such pressure lest 
Bhutan "backslide" and once again begin stalling the process. 
 
 
¶7.  (U)  The actual joint press release signed by the two 
Foreign Ministers (copy faxed to SA/INS) commits the GOB to 
substantially less than what Acharya said was verbally agreed 
upon.  The press statement notes in general terms that "the 
two Ministers expressed their firm resolve and commitment to 
arrive at a lasting solution" to the refugee issue without 
stipulating what such a solution might entail.  It further 
states that the two sides "harmonized their positions on the 
four categories" without defining the categories or referring 
to any commitments by the GOB to take back any emigres. 
 
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EU TO SEND LETTER TO BHUTAN 
---------------------------- 
 
¶8.  (C)  EU CDA Rudiger Wenk told the DCM on February 6 that, 
as promised, he had consulted with his headquarters about the 
refugee issue (Ref D).  He reported that Brussels had agreed 
to send a letter to the GOB pressing for progress in 
resolving the long-standing problem.  Wenk said he remains 
skeptical that the GOB will follow through on its 
commitments, noting pointedly that the JVT meeting that will 
begin addressing the nettlesome problem of categorization is 
not scheduled until after the donors meeting.  He suggested 
that the Department communicate with Commissioner Chris 
Patton on how best to send a strong message to the GOB before 
the February 17 donor consortium. 
 
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COMMENT 
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¶9.  (C) Nepali Foreign Minister Narendra Bikram Shah 
identified the 13-year-old refugee problem to the Ambassador 
weeks ago as one key area in which the apolitical interim 
government appointed by King Gyanendra might make some 
important headway.  For right now at least, Shah may have 
succeeded.  The imminent donors conference on Bhutan, coupled 
with the growing chorus of donor voices urging the GOB to 
take action, likely were critical to reactivating the 
negotiating process.  That those who have dealt the longest 
with the GOB on this issue--Joint Secretary Acharya and the 
EU's Wenk--both express a cautious skepticism that Bhutan 
will follow through on its commitments--is noteworthy.  We 
note with some concern that the joint press statement 
released after the recent ministerial says nothing about 
Bhutan's reported commitments regarding repatriation.  We 
hope that the vague, generic wording in the statement was 
employed in order to allay possible political sensitivities 
in either or both capitals, rather than to allow yet further 
evasive and delaying tactics by the Bhutanese.  It is thus 
important that donors at the February 17 conference continue 
to press the GOB to implement these promises in a timely 
fashion.  We welcome the Department's plan to demarche 
Bhutan's donor capitals (Ref B) and recommend that it enlist 
the help of EU headquarters in implementing this strategy. 
 
MALINOWSKI