VI. Conclusion

Human Rights Watch is deeply concerned about the fairness, efficiency, and transparency of the status verification process being implemented by the Joint Verification Team, the voluntariness of repatriation, and the risks of statelessness and discriminatory treatment for returning refugees in Bhutan. A new constitution is currently being drafted and reviewed in Bhutan, and Human Rights Watch urges the King and the country to take this opportunity to establish fundamental rights and freedoms for all of its people without discrimination.

VII. Recommendations

To the Governments of Bhutan and Nepal

• Promote a fair verification process and the conditions for a safe and dignified return of refugees in Nepal by:
• including UNHCR as an equal member in all Joint Verification Team activities;
• being fully transparent about the criteria used for the verification and categorization of persons in Khudunabari camp;
• eliminating the four categories currently used in the verification process in favor of a determination identifying those who have the right under international law to voluntary return to Bhutan;
• beginning verification in the remaining six camps promptly, using transparent criteria, and complete this process within an announced and reasonable timeframe;
• establishing an appeal mechanism using fair procedures before an impartial decision-maker for individuals whose claims to Bhutanese nationality or refugee status are rejected. Additional measures should be put in place to provide for the future status and integration of these individuals in accordance with international human rights as well as refugee law; and
• reactivating immediately a screening process for new and recent asylum-seekers as well as long-term unregistered refugees.

• Implement a voluntary repatriation process that conforms with international standards as outlined in UNHCR’s 1996 Handbook on Voluntary Repatriation and ExCom Conclusions. Important measures include:
• ensuring the absence of negative “push” factors (like the reduction of humanitarian assistance in Nepal);
• allowing refugees to visit Bhutan before making their decision to repatriate;
• disseminating full, impartial, and regularly updated information to refugees about the conditions in their regions of origin, the specific rights they will enjoy there, and their options if they choose not to return; and
• guaranteeing protection against forced or coerced return to unsafe or discriminatory conditions inside Bhutan.

• Take steps to ensure the meaningful participation of refugee women at all stages of verification, repatriation or resettlement, and integration.
• Demonstrate commitment to international human rights standards by becoming parties to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, the 1954 Convention relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness.

To the Government of Bhutan

• Promote a fair verification process and the conditions for a safe and dignified return by:
• repealing or amending the 1958 Nationality Law and the 1977 and 1985 Citizenship Acts. In particular, remove burdensome and discriminatory provisions such as a two-year waiting requirement, the loss of citizenship by those deemed “voluntary migrants,” and the twenty-year residency requirement. Remove provisions which infringe the right to acquire a nationality at birth, to keep that nationality, to leave and return to one's country, and to not be arbitrarily deprived of one's nationality; and

• protecting the rights of returnees by prioritizing family unity during repatriation.
• Implement a voluntary repatriation process that conforms with international standards as outlined in UNHCR’s 1996 Handbook on Voluntary Repatriation and ExCom Conclusions. Important measures include:
• guaranteeing immediate, full, and free access for UNHCR and humanitarian aid organizations to assess conditions for return and to set up assistance programs for returnees in Bhutan;
• establishing procedures for returning refugees to reclaim their original land and property and to settle property claims in a fair and timely manner;
• halting the resettlement of northern Bhutanese on the land of the refugees immediately; and
• ensuring that the human rights of returning refugees who are accused of committing crimes are respected.
• Ensure that the human rights of returning refugees are protected, including by:
• ending existing discrimination against ethnic Nepalese and political dissenters, especially in regard to access to education and employment, freedom of movement, and the right to culture, language, and religion;
• following through on its commitment to women and children’s rights signaled by its ratification of the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women, for example by acting on the recommendations made by the Committee on the Rights of the Child in 2001. Follow through on its commitment to racial and ethnic equality established by its ratification of the Convention on the Elimination of all forms of Racial Discrimination; and
• ratifying the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.

To the Government of Nepal

• Facilitate voluntary repatriation and do not scale back assistance in order to “push” refugees back to Bhutan. With support from the international community, continue the hospitality extended for the last twelve years by offering local integration to those who are unwilling or unable to return to Bhutan.

To the Office of the United Nations High Commissioner for Refugees

• Act in accordance with UNHCR’s mandate on the prevention of statelessness under Article 11 of the Convention on the Prevention of Statelessness, subsequent UNHCR ExCom Conclusions, and UN General Assembly resolutions by seeking durable solutions for all Bhutanese refugees, but particularly for those who may be rendered stateless by the verification exercise.
• Implement a voluntary repatriation process that conforms with international standards as outlined in UNHCR’s Handbook on Voluntary Repatriation and ExCom Conclusions. Important measures include:
• actively seeking cooperation from the government of Bhutan in order to assertively monitor and facilitate the repatriation of those refugees who wish to return to Bhutan;
• providing all refugees with full, impartial, and updated information about conditions in Bhutan prior to their return; and
• refraining from scaling back assistance or closing the camps prematurely in order to “push” refugees back to Bhutan. Voluntary return should only be encouraged when refugees can return to Bhutan without fear of harassment, intimidation, or persecution. UNHCR should insist that the Bhutanese government guarantee the full reintegration of all returnees and protection of their social, economic, cultural, civil, and political rights.

• Take steps to ensure the meaningful participation of refugee women at all stages of verification, repatriation or resettlement, and integration.

To Donors, the Government of India, and the International Community

• Urge the governments of Bhutan and Nepal to include UNHCR in the verification and repatriation process.
• Step up efforts to ensure that conditions are created under which the refugees can return to Bhutan voluntarily. The return process must ensure refugees’ safety and dignity and must respect their human rights.
• Uphold legal and humanitarian obligations to share responsibility for refugees by committing financial support for the transition from camps to local integration, compensation to refugees who are unable to repossess their property, and funding for a mechanism to resolve disputes.
• Ensure that a voluntary repatriation program is planned and funded so that it meets all international standards, particularly those stipulated in UNHCR’s Handbook on Voluntary Repatriation and in ExCom Conclusions.
• Provide third-country resettlement possibilities as a durable solution for those who are unable or unwilling to return to Bhutan and for whom long-term protection is not available in Nepal.