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Statement Made
The Chairperson,
UN HUMAN RIGHTS SUB-COMMISSION
made on
27 August 1999 IN GENEVA
The Sub-Commission on the Promotion and
Protection of Human Rights recalls the Chairperson's statement made at its
fiftieth session (E/CN.4/1999/4-E/CN.4/Sub.2/1998/45, Chap. IV, para. 41), in
which the Sub-Commission expressed its deep concern over the human rights
situation of persons mainly of Nepalese ethnicity who claim to be refugees from
Bhutan and who during the past seven or eight years have been living in camps in
Nepal administered by the Office of the United Nations High Commissioner for
Refugees. In that statement, the Sub-Commission called on the Governments
concerned to negotiate in good faith towards a peaceful solution consistent with
international human rights standards; to set up an impartial verification
process to verify the origin and nationality status of those who assert they are
refugees and to negotiate the voluntary return under conditions of safety and
dignity of those entitled to return.
The Sub-Commission notes with regret
that no progress has so far been made in the resolution of the refugee
situation, but expresses its great satisfaction that dates now have been set, in
agreement between the two Governments concerned, for such negotiations to be
held : from 13 to 16 September 1999. It notes with appreciation the expressed
intention of the two Governments to seek a solution to this problem and their
willingness to extend their cooperation to the Sub-Commission by providing
information on initiatives taken to proceed with negotiations.
The
Sub-Commission reiterates its hope that the meeting will result in an agreement
on criteria to be applied and that an effective and impartial verification
process will be set in motion at the earliest possible time; that the economic,
social and cultural rights of those who are entitled to return are ensured by
the Government of Bhutan and that, similarly, the economic, social and cultural
rights of those who are not entitled to return to Bhutan are ensured by the
Government of Nepal or that of any other country to which they belong.
It
reiterates its suggestion to the two Governments that they avail themselves of
technical assistance from the Office of the United Nations High Commissioner for
Human Rights and from the Office of the United Nations High Commissioner for
Refugees so as to facilitate a fair and lasting resolution which takes into
account representations on behalf of the displaced population and the principles
of international law relating to non-discrimination, the right to return, the
right not to be arbitrarily deprived of one's nationality and the reduction of
statelessness.
The Sub-Commission hopes that this refugee problem can be
solved within the next year and decides to review at its next session the
progress made.
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