April 1, 2014

Under China’s Shadow

Mistreatment of Tibetans in Nepal

Map of Nepal
Summary
Chinese Pressure on Nepal
The Gentleman’s Agreement
Key Recommendations
Methodology
I. Tibetans in Nepal
Nepal’s International Legal Obligations
II. The “Gentleman’s Agreement”
III. Nepal’s Justifications for Imposing  Restrictions on Tibetans
IV. China’s Role
China’s Top Priority in Nepal: Tibet
Chinese Aid and Investment
Nepal’s Commitments to China
Security Cooperation: “A Handshake over the Himalaya”
V. Nepal’s Forced Returns of Tibetans
Threats of Deportation
Ongoing Refoulement Concerns
VI. China’s Treatment of Tibetans at the  China-Nepal Border
China’s Refusal of Re-Entry to Some Chinese Citizen Tibetans
Abuses in Custody in China
VII. Nepal’s Restrictions on Expression,  Assembly, and Association
Arbitrary Curbs
Prohibitions Imposed on Political Protests
Restrictions on Public and Private Gatherings
Pressures on NGOs and Activists Defending Tibetans
Reaction to Self-Immolation Cases
VIII. Arbitrary Arrest and Detention
Arrests
Lack of Judicial Review of the Powers of Chief District Officers
Preventive Detention and Habeas Corpus Rights
Surveillance
Inadequate Police Protection from Anonymous Threats
IX. Other Restrictions on Tibetans in Nepal
Citizenship
Freedom of Movement within Nepal
International Travel
Travel to India
Property and Employment
To the Government of Nepal
To the Government of China
To the Office of the United Nations High Commissioner for Refugees in Nepal (UNHCR)
Appendix I
Letter from Human Rights Watch to the Government of Nepal
Appendix II
Translation of Huanqiu Shibao Interview with Nepal’s Deputy Inspector General of Police