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Joint Verification Team  Report and 14th Nepal Bhutan Ministerial Joint Committee, Kathmandu May 19-22, 2003

Updated on July 04, 2004

CONTENTS

1. Results of the Verification and Categorisation by JVT. Only 2.4 pc refugees recognised as bona-fide Bhutanese  June 19, 2003

2. Children are classified as criminals in JVT Report

3. Bhutanese refugees appeal against JVT results

4. Bhutanese refugee screening seriously flawed 2-09-03

5. Bhutan's  Terms of reference for Refugee Repatriation

6. Repatriation Options

7. JVT begins verification of refugees. December 01, 2003

8. Agreed Position on the four Categories (MJC)  May 19-22, 2003

9. Nepal Bhutan Ministerial Joint Committee Press Releases

7. JVT begins verification of refugees. December 01, 2003

The Nepal- Bhutan Joint Verification Team  has begun their meeting in Damak Jhapa, Nepal to review  the appeals/complaints filed by the refuges of Khudunabari refugee camp. The JVT meeting will take up the appeals/complaints of  only those refugees, classified as non-Bhutanese national by the JVT report,  even though 94 percent of  verified refugees, not satisfied with their categorisation have filed appeals/complaints to the JVT. The JVT had categorised 2,948 refugees in Category 3 as non-Bhutanese. The JVT meeting set February 15, 2004 for the completion of the verification of the appeals of these refugees .

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6. Repatriation Options

The 14th Bhutan-Nepal  Ministerial Joint Committee ( MJC) meeting held on May 19-22, 2003 issued a Joint Press Release. The two Foreign Ministers released  the Agreed Position on the Four Categories (APFC) of refugees on March 22, 2003, though they had already  harmonised their position on four category of refugees during the  Twelfth round of  MJC held in Kathmandu on February 06, 2003. Clauses 2 (c)  and (d) of the APFC signed by the two countries state  as follows.  Clause 2 (c) envisages that ‘In a liberal interpretation of the Bhutanese Citizenship and Immigration Laws, people falling under this category ( 2)   and  desiring to return, will be given the option to re-apply for citizenship’. Similarly  Clauses   2 (d) states that ‘Likewise, people under this category, who do not wish to return to Bhutan, will be given the option to apply for Nepalese citizenship in accordance with laws of the Kingdom of Nepal’. Thus, the refugees have only two options- either to apply for repatriation to Bhutan under the terms and conditions of the Royal Government of Bhutan or  to apply for Nepalese citizenship.

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5. Bhutan's Terms of reference for Refugee Repatriation

 Posted on July 02, 2003

(The Bhutanese members of the Joint Verification Team ( JVT)  unilaterally distributed the following Terms of Reference for the repatriation of Bhutanese refugees of Khudunabari camp, after the declaration of the results of verification and categorization on June 18, 2003. However, the Nepalese members of the JVT reportedly have not accepted this Terms of Reference – Editors, Bhutannewsonline.com)

RE-APPLICATION FOR BHUTANESE CITIZENSHIP

1. Re-application for Bhutanese citizenship is permitted under the 1977 Citizenship Act of Bhutan and  the Amendments to the 1985 Citizenship Act as passed by the National Assembly in 1988. Article NGA-1 of the Bhutan Citizenship Act 1977 states that “In case of Bhutanese citizen, who having left the country returns and applies for citizenship, the Royal Government shall keep the applicant on probation for a period of at least 2 years. On successful completion of the probation period, the applicant will be granted citizenship provided the person in question is not responsible for any against the Royal Government. “. As per clause-5 of the Amendment to the 1985 Citizenship Act, “Bhutanese nationals who have earlier emigrated from the country are permitted to apply for citizenship provided that they have clearly stated the reasons for their departure and approval of the government has been accorded. Those who have emigrated without prior approval of the government shall no be entitled to citizenship on their return”. During the 12^th MJC, ( Nepal-Bhutan Ministerial Joint Committee meeting – Eds.) the Royal Government agreed that, in a liberal interpretation of the Bhutanese Citizenship and Immigration Laws, people falling under Category 2 (Bhutanese who emigrated) and desiring to return, will be given the option to re-apply for citizenship.

2.  People falling under category 2 who want to avail of the option to re-apply for Bhutanese citizenship will have to come to Bhutan to present their application as required by the law.

3. In accordance with Bhutan’s citizenship laws, the Royal Government will have to keep the applicants on probation for period of at least 2 years.

4. During the probation period, the applicants will be issued with a special identity card (Special Re-Application Card) and provided employment for their livelihood.

5. All procedures for re-application shall be conducted at designated offices of the Registration Department, Ministry of Home Affairs within Bhutan. The applicants shall apply by duly filling the forms KA-(A) and KA-(B).

6. The applicants shall indicate their agreement to abide by terms and conditions for re-applications of Bhutanese citizenship by signing form KA-(C).

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GUIDELINES FOR REPATRIATION OF PEOPLE FALLING

UNDER CATEGORY 1 

Repatriation.

All repatriation activities shall be conducted on a voluntary basis. Any family or members of the family falling under category 1 choosing not to return to Bhutan shall not be repatriated on compulsion against their wish.

On the basis of the application for repatriation, the JVT will compile a list of persons under category 1 who wish to be repatriated to Bhutan. These persons shall be shall be repatriated under the first phase of the repatriation exercise.

The members of the JVT should accompany the people up to the Indo-Bhutan border, The Royal Government of Bhutan shall take over the people from the border according to the list and thereafter it shall be the responsibility  of the Ministry of Home Affairs.

Restoration of the citizenship

The citizenship status of these people shall be restored fully on arrival in the Kingdom through census registration and issuance of the Citizenship Identity Card by the Department of Registration.

Interim arrangement before the settlement

The Royal government of Bhutan will provide the people with employment until they are settled.

Settlement  and allotment of farming land.

People who had left the country without selling their land shall be compensated with free allotment of land equivalent to their registration record.

7. On receipt of the duly completed re-application forms and if these have been found to be in order, the concerned persons will be registered for re-application for Bhutanese citizenship.

8. On registration, a Special Re-Application Card (SRC) will be issued by the Registration Department to the concerned persons.

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FORM KA-(A)

APPLICATION FORM FOR BHUTANESE CITIZENSHIP

The Hon’ble Home Minister,

Ministry of Home Affairs,

Tashichho Dzong,

Thimphu,

Sir

I have the honour to re-apply for the Bhutanese citizenship according to Article NGA 1 of the Bhutanese Citizenship Act, 1977.

In the event that my re-application for Bhutanese Citizenship is approved by the Royal Government of Bhutan. I am prepared to take Oath Allegiance pledging my full loyalty and devotion to the King, Country & people of Bhutan. I am also prepared to faithfully abide by all the laws of Bhutan and to perform all the duties required of a faithful subject to His Majesty the King of Bhutan.

The Form KA-B and C duly filled in a are submitted here with.

Yours faithfully,

(Signature of application)

Name of applicant………………………………….

(Stamp for Nu. 100/-)……………………………...

Date and place……………………………………..

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FORM KA-(B)

APPLICATION FORM FOR BHUTANESE CITIZENSHIP

Passport size photograph

1. Name of applicant

2. Date of Birth

3. Place of Birth

4. Address

5. Education qualification

6. Profession

7. Identification mark. If any

8. Name of father

9. Name of mother

10. Reason(s) for re-applying for Bhutanese citizenship

11. If married:

1. Name of husband/wife

2. Date of birth of husband/wife

3. Whether husband/wife is a Bhutanese Citizen

4. Place and date of issue of Marriage Certificate

5. Particular of each children with birth certificate attached:

SN : NAME: SEX: DATE OF BIRTH

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KA-(C)

TERMS AND CONDITIONS FOR RE-APPLICATION

1. All members of a family must be physically present at the designated office while submitting the re-application forms.

2. A member of a family cannot apply on behalf of the other family members who are in the camps.

3. An individual form on the camp cannot apply for family members form other camps.

4. The minimum period of probation will be at-least 2 years.

5. The re-applicant must reside in the country for the entire period of the probation.

6. He/she must not be engaged in activities that contravene the laws of the country.

7. He/she must be able to speak Dzongkha.

8. He/she must have good knowledge of the culture, customs, traditions and history of Bhutan.

9. The re-applicants shall not be associated with activities of any anti-national organization/individuals.

10. The persons must have no record of having spoken or acted against the King, Country and People of Bhutan in any manner whatsoever.

11. If  the conduct of the applicant is found satisfactory at the end of the probation period, he/she may granted the citizenship in accordance with the Citizenship Laws (Fulfillment of the criteria).

In testimony of having read and accepted the terms and conditions laid above, I hereby affix my signature on  the date place mentioned hereunder

Place………………………..

Date…………………………

(Signature)

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4. HUMAN RIGHTS WATCH, NEW YORK September 02, 2003

FOR IMMEDIATE RELEASE

Bhutanese Refugee Screening Seriously Flawed International NGOs Declare Process Invalid

(Kathmandu, September 2, 2003) -- The screening of Bhutanese refugees by the governments of Bhutan and Nepal is fundamentally flawed, a joint mission of non-governmental organizations said at the end of a two-week mission to India and Nepal. As Nepal and Bhutan prepared for further talks next week, the delegation urged donor governments to insist the process meet international human rights and refugee standards. "The refugee screening process violates every international norm in the book," said Rachael Reilly, refugee policy advisor with Human Rights Watch. The mission visited the Bhutanese refugee camps in southeast Nepal, where more than 100,000 refugees live in seven camps. They have been there since the 1990s, when they were arbitrarily stripped of their nationality and forcibly expelled from Bhutan. Nearly one-sixth of Bhutan's population was forced to flee the country at that time, making Bhutan one of the highest per capita generators of refugees in the world.  Since March 2001 the governments of Bhutan and Nepal have been screening the refugees in Khudunabari camp - population 12,000 - to determine their identities and their reasons for leaving Bhutan. The results of the screening, announced on June 18, 2003, will be used in determining the refugees' fate. Refugees interviewed by the mission told of serious anomalies and failings in the verification process.  These include:

• Refugees were forced to recount their reasons for leaving Bhutan to officials of the same government responsible for their persecution and flight;

• The criteria for categorizing refugees is not made public, so the refugees cannot effectively appeal their classification;

• The majority of the refugees (70%) were classified as "voluntary migrants" after signing "voluntary migration forms" under duress when leaving Bhutan;

• Many refugees in this category told the delegation that they were forced to flee discrimination, arbitrary detention, sexual violence, and threats to their physical safety in Bhutan;

• In some cases, members of the same family have been placed in
  different categories, even though their reasons for fleeing Bhutan are
  identical, so they risk separation in the event of repatriation

• Some of the children born in the refugee camps have been classified as so-called "criminals" and could be liable to stand trial in Bhutan;

• Some refugees who were minors in Bhutan and thus were not given identity documents have been classified as non-Bhutanese, even though their parents possess identity papers and have been put in different categories;

• The joint screening team only interviewed male heads of households, denying women the opportunity to have their claims fairly considered;

• There were no women on the joint screening team for most of the review process;

Refugees were divided into the following categories:

• Category I - Bona fide Bhutanese citizens (293 people - just 2.5 percent of the refugee population);

• Category II - Refugees who supposedly "voluntarily" migrated from Bhutan (8,595 people, or 70 percent of the refugees); 

• Category III - Non-Bhutanese (2,948 people, or 24 percent of the refugees); 

• Category IV - Refugees who have committed "criminal" acts,  including those who participated in so-called "anti-national" (pro-democracy) activities in Bhutan (347 people, or 3 percent of the refugees).

"This process simply does not stand up to scrutiny under international law," said Peter Prove, Assistant to the General Secretary of the Lutheran World Federation.  "Refugees have been classified as "criminals" in the absence of clear charges or any semblance of a trial, and apparently in punishment for exercising their fundamental rights to freedom of expression and association."  Category II is similarly flawed. All the refugees classified as so-called "voluntary migrants" told the mission that they signed so-called "voluntary migration forms" under duress when they were expelled from Bhutan. Many were unaware of the content of these forms and that signing them would result in their loss of citizenship under Bhutanese law. "Under international law everyone has the right to leave and return to their own country," said Ralston Deffenbaugh, President of the Lutheran Immigration and Refugee Service.  "Bhutan's policies clearly violate this right."

According to the last round of talks between Bhutan and Nepal in May 2003, refugees in Category II will be required to re-apply for citizenship after a minimum probationary period of two years upon returning to Bhutan. But successful applicants will have to meet stringent requirements including fluency in Dzongkha, which is spoken mainly in northern Bhutan. Since most refugees from Southern Bhutan speak only Nepali, this requirement would mean that tens of thousands of refugees would be unable to re-acquire citizenship and could be rendered stateless. A fifteenth round of talks between Bhutan and Nepal is due to begin on September 8. The delegation called on Bhutan and Nepal to address the inconsistencies and inadequacies in the screening process.  They urged  the following modifications:

• All refugees in Categories I, II and IV should be able to return to Bhutan in safety and dignity, with full citizenship rights, and to their original lands and properties;

• Refugees in Category III should have access to a full, fair and independent appeal process;

• All anomalies in the process (such as members of the same family placed in different categories) must be investigated by an independent third party;

• Future screening should be according to two categories only: Bhutanese and non-Bhutanese. Those classified as Bhutanese should be able to return to Bhutan with full citizenship rights. Those classified as non-Bhutanese should have access to a full, fair and independent appeal process.

• Women should have full access to the verification process in order to assess their claims independently and fairly and the Joint Verification Team should include female interviewers;

• Screening and repatriation should not proceed without the presence of an independent third party.  Given its international refugee protection mandate, this should be UNHCR;

• Refugee representatives should be included at all stages of the repatriation process.

"The international community must insist on a speedy, just, and lasting solution for the Bhutanese refugees," said Malavika Vartak, of Habitat International Coalition. "They should not endorse or support a process that would violate the refugees' rights."

Delegation members:

3. Bhutanese refugees appeal against JVT results

94 percent of Bhutanese refugees appeal against  JVT report

July 03, 2003: Around 94 percent of Bhutanese refugees of Khudunabari camp, filed appeals to the office of the Joint Verification Team on July 03, 2003, challenging the results of their  verification and categorisation made public by JVT on June 18, 2003.

2,965 families registered their appeal to the JVT office.  131 families did  not file the appeal. The total 3158 families were categorised.

Earlier, the 14th Nepal-Bhutan Ministerial Joint  Committee ( MJC) meeting held in Kathmandu on May 19-22,2003 allowed fifteen days' time for the categorised refugees, dissatisfied of their categorisation,  to appeal against the categorization within 15 days of the announcement of results. The MJC agreed to consider appeals only upon the presentation of new material evidence or determination of clear error in this process. However, the refugees did not have any new material evidences, they appealed with the previous material evidences.

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2. BUNGLING THAT'S HARD TO BELIEVE: Children are classified as criminals in JVT Report.  The Himalayan Times Print Edition - Monday,  June 23, 2003

Himalayan News Service  Bhadrapur June 22

The eight year old daughter of Dhanapati Poudel, a Bhutanese refugee, has challenged the Joint Verification Team ( JVT) to prove her criminality. Devi Poudel of hut 9, Sector A has been placed in the fourth class of people involved in criminal activities. There are 347 refugees of 85 families classified under the criminal category. Among them more than 60 children were born in the refugee camps. After the inclusion in the criminal category, guardians of such children have reported that the children are suffering from depression. Subas Chetri, another 'criminal' boy wants to go to his home. 'What can such a young child do? his father said.  Similarly, 18 month old Kiran Gautam has also been placed in the criminal category.  Govinda Dahal, a young child of Khudunabari Camp has been placed in the category of people migrating voluntarily. In yet another case, siblings have been placed in different categories. Nima Dorji Tamang and his brother, according to the joint verification team report, are non-Bhutanese, while another brother Lakpa dorji has been categorised as a voluntary migrant, but their parents are said to be from Bhutan.  ( This news report taken from The Himalayan Times print edition: dated June 23, 2003 -Eds.)

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The Kathmandu Post June 19, 2003

 Only 2.4 pc Bhutanese refugees recognised as bona-fide:

Refugee verification report published

By Leela Baral  BIRTAMOD, Jhapa, June 18 : The long-awaited verification report of the Bhutanese refugees living in Khudunabari camp was made public here today inside the camp amidst tight security. The verification report has recognised only 2.4 per cent refugees as genuine Bhutanese.  Likewise, 70.55 per of them have been identified as the ones who left Bhutan willingly; 24.2 per cent as non-Bhutanese; and the rest 2.85 per cent as the Bhutanese with criminal backgrounds. Of the total 12,183 refugees verified one-and-half-years ago, only 293 people of 74 families (2.4 per cent) have been categorised as genuine Bhutanese, while the largest number of Bhutanese - 8,595 people of the 2,182 families (70.55 per cent) - have been categorised as the ones who left their country willingly. The report said that 2,948 of 817 families (24.2 per cent) belong to the non-Bhutanese category and 347 people of 85 families (2.85 per cent) belong to the third category or people having criminal backgrounds.

Following the publication of the report, the refugees expressed strong discontent over the fact that majority of them have been lumped into the second category. T B Gurung, secretary of the Khudunabari camp, said that the report is full of flaws. "Members of the same family have been classified into two categories. Some parents have been categorised as non-Bhutanese, whereas their children as bona-fide Bhutanese," Gurung said. Many refugees blamed that the report was prepared in such a way that most of the refugees would not be able to repatriate to their homeland. "We have been classified into the second category though we have the Bhutanese citizenship certificates," lamented Garima Adhikari. "It is injustice imposed on us." Officials of Nepal-Bhutan Joint Verification Team (JVT) had finalised the categorisation process of the refugees in Thimpu before the 14th round of Joint Ministerial Committee meeting (JMC) concluded in Kathmandu. In 1993, Nepal and Bhutan had, in principle, agreed to categorise the Bhutanese into four categories: genuine Bhutanese, Bhutanese who left the country willingly, Bhutanese with criminal background and non-Bhutanese. The 14th round meeting of the JMC had approved the categorisation of verified refugees. Earlier, the JVT had also verified 88 refugees left out during the verification about one-and-half-year ago. Sector secretaries of the camp had read out the result of the long-awaited report amidst a huge gathering of the refugees. A large number of army and police personnel were put on high alert outside the camp since early morning, anticipating violence after the publication of the report  

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The following is the version of the Royal Government of Bhutan as published in Kuensel on May 24, 2003

Kuensel, May 24, 2003

A significant step in the bilateral process,

Bhutan and Nepal agreed this week on the categorization of the12,095 people in Khudunabari refugee camp in the eastern Nepalese district of Jhapa, thus taking a significant stride towards a permanent solution to the overall problem.  The ministerial joint committee, which held its 14th meeting in Kathmandu from May 19 to 22, directed the joint verification team of senior officials of the two governments to go to Jhapa within two weeks to complete the verification and categorization of the remaining 600 people who had been absent during the verification process that began on March 26, 2001.  The JVT will then announce the final results of the categorization of the people which was carried out, based on the agreements of previous MJC meetings and the harmonized positions of the two governments (see box for details of harmonized positions).

The two governments agreed that the people placed in the first category would be repatriated to Bhutan, those in the second category would be given the option to apply for Bhutanese or Nepalese citizenship, those in the third category should return to their respective countries, and those in the fourth category would be governed by the laws of the two countries. “It was agreed that the terms, procedures, and facilities regarding voluntary repatriation/reapplication and similar information for those seeking to remain in Nepal would be made known to the camp residents simultaneously by the JVT,” said a joint statement issued by the MJC on May 21.

During the joint press conference the foreign ministers of Bhutan and Nepal, Lyonpo Jigmi Thinley and Mr. Narendra Bikram Shah, said that the people in the ca