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Protect the rights of all persons in Nepal to freedom of expression and assembly, regardless of legal status, and cease dispersing peaceful protests by Tibetans.
Take all necessary action to end arbitrary arrests, including unlawful and preventive arrests, of Tibetans and others engaged in peaceful political activity or otherwise going about their daily lives.
End deportations of Tibetans to China who face persecution or torture.
Take all necessary action, including the issuance of warnings and the imposition of disciplinary action, against Nepali police who threaten Tibetans with deportation.
Do not permit Chinese law enforcement personnel to act as law enforcement personnel in Nepal except under the direct control of Nepali authorities and in full accordance with Nepali and international law.
Ensure respect for freedom of movement, including by issuing orders to cease restrictions on the freedom of movement of Tibetans in Kathmandu Valley.
Take all necessary steps to ensure that the Nepal police respect Tibetans’ right to protest peacefully. End harassment of protesters, including threatening consequences should they participate in future protests.
Take all necessary and appropriate measures to ensure that the Nepal Police and Armed Police Force cease using unnecessary and excessive force against Tibetan protesters. Allegations of unnecessary or excessive use of force should be fully and impartially investigated and appropriate disciplinary or criminal measures should be taken against the responsible police officers and their commanding officers.
Issue orders to all police officers to cease sexual assaults on female protesters. Investigations should be conducted into sexual assaults by police that have taken place since March 10, 2008, and the individuals responsible should be prosecuted. Superior officers should also be held responsible for creating an environment tolerant of sexual assault by officers under their command.
Instruct district superintendents of police not to detain children arrested as protesters unless as a last resort and for the shortest possible period of time.
Instruct district superintendents of police to ensure that all detainees who request or need medical care are provided prompt and adequate medical attention, including immediate transfer as needed to an appropriate medical facility. Decisions on the continued imprisonment of detainees needing medical care should not be taken without the participation of a medical officer.
Conduct an independent and impartial investigation into the beatings and other mistreatment of Tibetan detainees at Boudha Police Station. Fully prosecute those found responsible for serious abuses, regardless of rank.
Ensure that all places of detention meet international standards in regard to sanitation, accommodation, clothing, bedding, and food.
Ensure that the Home Ministry permits all detainees to have access to legal counsel as soon as possible after being taken into custody.
Instruct the Home Ministry to adopt measures to end interference and harassment of the media and human rights defenders, including by issuing public statements in support of the right of individuals to engage in freedom of expression, association and assembly.
Ratify the 1951 Convention relating to the Status of Refugees.
End all forms of pressure, public and private, on the government of Nepal to arrest, prosecute, or otherwise interfere with Tibetans who are exercising their rights under international human rights law.
Cease all police operations in Nepal that are not under the direct control of the Nepali authorities. Ensure that any authorized police activity inside Nepal is in full accordance with Nepali and international law. Remove from Nepal and discipline as appropriate all Chinese security forces acting outside of Nepali authority or law.
Cease public statements attempting to intimidate Tibetans as well as Nepali and foreign journalists and human rights defenders in Nepal from exercising their basic human rights.
Permit Tibetans in China to exercise their right of freedom of movement to leave and to return to China.
The European Union, India, the United States and others should continue to issue public statements that they unequivocally support the right to freedom of expression and assembly for all persons in Nepal, including Tibetans.
Provide support, both financial and political, to the United Nations Office of the High Commissioner for Human Rights in Nepal to address the issues raised in this report.
Take all appropriate measures to dissuade Nepal from deporting to China any Tibetans who fear torture or persecution.
Raise human rights concerns of Tibetans in Nepal, as well as in China, during the next session of the UN Human Rights Council.
The UN Resident and Humanitarian Coordinator and the UN Office of the High Commissioner for Human Rights should take all necessary measures to assist in the protection of Tibetans and others in Nepal in need of protection from human rights violations, particularly if they seek protection from the United Nations.
The UN Office of the High Commissioner for Refugees and the UN Office of the High Commissioner for Human Rights should closely monitor the Nepal-China border and act as necessary to prevent refoulement, including by making public statements.
The United Nations Working Group on arbitrary detention, the special rapporteur on freedom of opinion and expression, and the independent expert on minority issues should issue public statements condemning the human rights violations of Tibetans by the government of Nepal, send “urgent action” requests to the government regarding specific cases, and request visits to the country to address, among other issues, the situation of Tibetans.
July 2008
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