UN review identifies denial of rights by the Nepali government

Source: https://www.fidh.org/en/region/asia/nepal/government-denies-rights-of-tibetan-refugees-in-un-review

During the recent United Nations (hereafter UN) Universal Periodic Review (hereafter UPR), it was established that the Nepali government failed to state its commitment in respecting and protecting the rights of Tibetan refugees currently residing in Nepal.

The UPR report, adopted on the 8th of July 2021 during the 47th session of the UN Human Rights Council, issued some critical recommendations regarding the refugees. However, the Nepali government opted to only note but not accept these recommendations. 

One of the key recommendations, the Nepali government failed to accept, was the call for the government to register and verify every Tibetan refugee living in Nepal accompanied by the refugees receiving governmentally issued identification documents. Not having proper documentations has been the cause of many issues Tibetan refugees are facing in Nepal which includes the lack of access to education, legal work opportunities, or medical and other government services.

The uncertainty regarding the legal status of the refugees’ leaves gives leaves them open towards wrongdoers to commit crimes against them, leaves them open to be victimised with no possibility to find remedy in a court of law.

The government also failed to support a recommendation that called for the strengthening of efforts to fight segregation and discrimination of ethnic minorities, of which the Tibetan refugees have been victims as well.

Furthermore, there has been reports of the Nepali government refouling (deportation) Tibetan refugees which is a violation of the fundamental principle of non-refoulement. The Nepali government denies these allegations.

Lastly, the government did not accept all three recommendations calling for the ratification of the 1951 Refugee Convention, and one recommendation calling for the adoption of national legislation in accordance with international standards on the protection of refugees.

Despite all the refusals expressed by the Nepali government concerning the recommendations issued in the UPR, there is reason to have hope. The Nepali government accepted a diverse set of recommendations which would if implemented guarantee a betterment of the living standards of Tibetan refugees and the many challenges regarding their human rights they are facing, such as: ensuring the rights to freedom of expression and freedom of peaceful assembly (six recommendations); protecting the rights of vulnerable groups, including ethnic minorities (four recommendations); and protecting the rights of persons belonging to religious minorities (one recommendation).