E/CN.4/1995/31/Add.3
page 6
Nepalese presence in Bhutan was confined to Samchi and the hills of Chirang.
It was after that date that persons of Nepalese origin settled in areas in
southern Bhutan. The first settlers, who were farmers, were given Bhutanese
citizenship in 1958. In the 1960s, according to the Bhutanese, there was an
influx of ethnic Nepalese who crossed illegally into Bhutan to work as
contractual labourers. These people are considered by the authorities to be
economic migrants. The Government felt that Bhutan, which had a small
population and a favourable land-people ratio, abundant employment and
business opportunities arising from rapid economic progress and expanding
development programmes, became an economic haven for ethnic Nepalese facing
population pressure and job scarcity in their own areas, i.e. territories
contiguous to Bhutan’s southern borders, the Duars region of West Bengal and
Assam, and the neighbouring areas of Kalimpong, Darjeeling and Sikkim, all
areas dominated by ethnic Nepalese, as well as persons coming from
eastern Nepal. According to the Bhutanese authorities, the massive illegal
immigration that took place after 1961 could not have been accomplished
without the active connivance of the local population in southern Bhutan and
the corruption of the local administration.
18.
While the Working Group is not in a position - nor is it inclined - to
opine on the merits of the situation now prevailing in southern Bhutan in
relation to the legitimacy of the claims of persons of Nepalese origin, a
historical perspective nevertheless leads to a better understanding of the
problem and explains why under the Bhutan Citizenship Act, 1985, a person
permanently domiciled in Bhutan on or before 31 December 1958 and whose name
is registered in the census register maintained by the Ministry of Home
Affairs is deemed to be a citizen of Bhutan by registration. The Act is
designed to exclude all Nepalese who allegedly illegally entered Bhutan in the
early 1960s. The Group takes note of the fact that the refugee camps in Nepal
consist of persons of Nepalese origin who allege that they are being denied
their legitimate right to settle in Bhutan. The Bhutanese authorities, on the
other hand, claim that the number of refugees has been rising since 1991, when
there were only 300, to nearly 100,000. The refugees further allege that they
were forcibly evicted from Bhutan. The Working Group believes that the
Bhutanese and the Nepalese Governments are seeking to resolve the issue of the
origin of the persons in the refugee camps bilaterally and hope to reach a
settlement in the near future.
19.
The above historical perspective is also necessary to appreciate the
context in which persons of Nepalese origin have been detained in Bhutan. The
Bhutanese authorities claim that the genesis of terrorism in southern Bhutan
is the result of instability wantonly created by persons of Nepalese origin.
Owing to inadequate protection, the Bhutanese residing in southern Bhutan
are exposed to acts of violence. A summary of terrorist activity as of
17 October 1994 was given to the Working Group by the Royal Government of
Bhutan and is attached as annex I. This reflects the official Bhutanese
position and seeks to explain the reason for the detention and trial, under
the National Security Act, 1992, of various persons of Nepalese origin for
acts of violence.