VZCZCXYZ0000
PP RUEHWEB

DE RUEHKT #0058/01 0221027
ZNR UUUUU ZZH
P 221027Z JAN 10
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC PRIORITY 1297
INFO RUEHBJ/AMEMBASSY BEIJING 7274
RUEHLM/AMEMBASSY COLOMBO 7618
RUEHKA/AMEMBASSY DHAKA 2969
RUEHNE/AMEMBASSY NEW DELHI 3436
RUEHRC/DEPT OF AGRICULTURE WASHDC
RUEAUSA/DEPT OF HHS WASHDC 0047
RULSAAP/USUHS BETHESDA MD//ASD//

UNCLAS KATHMANDU 000058 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ETRD SENV TBIO PGOV NP
SUBJECT: NEPAL'S FORESTS MINISTER CONFIRMS BAN ON RHESUS 
MONKEY EXPORTS 
 
Summary 
-------- 
¶1. (U)  Minister of Forests and Soil Conservation Deepak 
Bohara has confirmed he ruled current Nepali law prohibits 
the export of rhesus monkeys, both wild and captive-born. 
The decision, made public in late August 2009, prevents the 
National Biomedical Research Center (NBRC) from fulfilling 
its agreement to provide rhesus monkeys to the Texas-based 
Southwest Foundation for Biomedical Research.  According to 
Minister Bohara, the NBRC could ask either the Supreme Court 
or the Prime Minister to overturn his ruling, but the latter 
is unlikely to do so because of widespread public opposition 
to the export of monkeys.  He said that he has received about 
10,000 letters in support of the ruling, most of which came 
from U.S. citizens. 
 
Ruling Made to Clarify "Very Confusing" Law and Policies 
--------------------------------------------- ----------- 
¶2. (U)  On January 22, Emboffs met with Minister of Forests 
and Soil Conservation Deepak Bohara to determine whether the 
Government of Nepal (GON) has banned the export of rhesus 
monkeys for research purposes and, if so, what is the extent 
of the ban. It was widely reported last August that the 
Ministry of Forests and Soil Conservation had ruled rhesus 
monkeys could not be exported.  However, the Southwest 
Foundation for Biomedical Research (SFBR) has maintained 
these reports were inaccurate and the GON was still open to 
possibility of exporting captive-born monkeys.  The SFBR had 
received a grant from the U.S. National Institutes of Health 
to fund the breeding of rhesus monkeys, which was being 
carried out by the Lalitpur-based National Biomedical 
Research Center (NBRC). 
 
¶3. (U)  According to Bohara, officials from NBRC asked him to 
make a definitive ruling as to whether the export of rhesus 
monkeys was permissible under Nepal's Wildlife Reproductive 
and Breeding Policy Act.  He acknowledged that the 2003 law 
and the policy promulgated to enact it are "very confusing." 
 Even so, Bohara said he eventually ruled "there is no such 
mandate in the legislation" permitting the export of rhesus 
monkeys, either wild and captive-born.  He pointed out that 
the law does allow the export of monkey saliva, hair and 
blood samples for research purposes. 
 
¶4. (U)  Bohara said claims that government officials, at the 
time of the enactment of the Wildlife Reproductive and 
Breeding Policy Act, indicated they would permit the export 
of captive-bred monkeys are accurate. However, he noted, 
"The times have changed and the regime has changed.  ...The 
people who promised them aren't here."  He added NBRC 
produced "no paper document that clearly said, 'After 
breeding, you can export them.'" 
 
Ruling Can Be Appealed 
---------------------- 
¶5. (U)  NBRC has two options if it wants to pursue the export 
of rhesus monkeys, according to Bohara.  It can ask either 
the Supreme Court or the Prime Minister to overturn his 
ruling.  He speculated that the PM, who would need the 
Cabinet's consent, is unlikely to overturn the ruling because 
of "tremendous public pressure" in favor of the export 
prohibition.  "The only institution where the outcry would be 
less is the courts," Bohara added. 
 
¶6. (U)  The Minister said he has so far received about 10,000 
letters in support of his ruling, including one from 
world-famous primatologist Jane Goodall. Most of the letters, 
he noted, were written by U.S. citizens.  Bohara proudly 
noted he recently saw a photograph on-line from a protest in 
Peru, where monkey exports are legal, in which one protester 
held a sign encouraging government officials to be "brave 
like Nepal." 
 
Monkeys Being Returned to the Wild 
---------------------------------- 
 
¶7. (U)  In his ruling, Bohara ordered NBRC to release all of 
its rhesus monkeys, including captive-born.  He said that of 
the 200 wild monkeys originally captured for breeding, 36 
have already been rehabilitated and released into the wild. 
The Department of Wildlife is working with non-governmental 
organizations to rehabilitate and release the remaining 
monkeys, which include about 100 born in captivity. 
 
 
¶8. (U)  NBRC officials have been offered a full refund of the 
Rs.5 million (about USD 69,000) they paid the GON to capture 
the 200 breeding monkeys.  The goverment has released the 
money, but, so far, NBRC officials have refused to accept it, 
according to Bohara. 
ORDWAY