Nepal

2012 UNHCR country operations profile - Nepal

Working environment

The context

Nepal hosts a large number of refugees and asylum-seekers, mainly from Bhutan, although their numbers have steadily decreased in recent years as a result of the resettlement programme. With the support of the Government of Nepal and the international community, UNHCR protects, assists and seeks durable solutions for all refugees in the country.

Thanks to the generous support of the Core Group of resettlement countries -- Australia, Canada, Denmark, the Netherlands, New Zealand, Norway, the United Kingdom and the United States -- and the cooperation of the Government of Nepal and IOM, more than 50,000 refugees from Bhutan have now left Nepal to start new lives in these countries. UNHCR has also been working closely with the Government, the UN Country Team, NGOs and other stakeholders to develop a multi-year, inter-agency Community-Based Development Programme (CBDP) for refugee-affected and hosting areas.

At the end of 2010, the Government of Nepal endorsed UNHCR's proposal for the gradual consolidation of refugee camps. The Government also agreed to the introduction of the CBDP, which is designed to aid both refugee and host communities. The camp consolidation process is expected to be completed by the end of 2012. Progress on the CBDP in 2011 was marked by a joint needs assessment, and its validation by the Government of Nepal and other stakeholders.

Political uncertainty and frequent changes in government have resulted in significant delays in the Constitutional drafting process and have also affected UNHCR's operations in Nepal, particularly with regard to refugee registration. Meanwhile, the provisions on citizenship proposed for the draft Constitution impose new restrictions which are not in line with Nepal's international treaty obligations.

The needs

UNHCR continues to seek solutions for some 60,000 refugees from Bhutan who remain in Nepal. As part of this effort, in 2012, UNHCR will facilitate the resettlement of up to 16,000 refugees. Resettlement referrals have seen a remarkable 99 per cent acceptance rate, and more than 49,000 people among the remaining refugee population have expressed their interest in resettlement.

There is also a need for a comprehensive strategy to foster the peaceful co-existence of the refugees from Bhutan with the host population. The Community-Based Development Programme -- an inter-agency strategy involving humanitarian as well as development actors -- has been endorsed by the Government of Nepal, and will start being implemented in 2012. Meanwhile, UNHCR continues to advocate with the Government for a complementary registration exercise for the relatively small number of pending, non-registered cases among refugees from Bhutan.

Approximately 900 Tibetans transit through Nepal each year. UNHCR will continue to advocate for their access to the territory, provide for their basic needs during their brief stay in the country, and facilitate their safe transit to India. Tibetans who arrived in Nepal prior to 1990 are entitled to recognition as refugees by the Government, as well as to documentation, giving them the right to remain in the country. Not all pre-1990 arrivals have been registered, however, and many Tibetans and their children remain without documentation. UNHCR will also continue to promote registration and documentation of the long-staying Tibetans.

The Office is concerned that a large number of Nepalis over the age of 16 may not have citizenship certificates, and that there is a risk of widespread statelessness amongst Nepali children in particular, if the draft proposals on citizenship in the new Constitution are adopted in their current form.

UNHCR will continue its efforts to improve access to protection and durable solutions for some 300 urban refugees and asylum-seekers, while enhancing community participation and vocational skills.

Main objectives and targets for 2012

Favourable protection environment

Access to territory is improved and the risk of refoulement reduced.

• No credible cases of refoulement are reported.

Laws and policy are developed or strengthened.

• Domestic laws are consistent with international standards on the prevention of statelessness.

Security from violence and exploitation

The risk of gender-based violence is reduced and quality of response improved.

• All survivors of gender-based violence receive adequate support.

The protection of children is strengthened.

• 80 per cent of children of concern with specific needs are identified and assisted.
• Best Interest Determination (BID) exercises are conducted for 60 per cent of unaccompanied and separated children.

Basic needs and services

Health status of the population improved.

• All persons of concern have access to essential drugs and primary health care services.

Population has optimal access to education

• 100 per cent of persons of concern aged 6-11 years are enrolled in primary education.

The population has easy access to reproductive-health and HIV services.

• All pregnant women receive antenatal care.
• Some 1,500 people benefit from reproductive health services.

Durable solutions

The potential for resettlement is realized.

• All eligible persons of concern are resettled or have their cases submitted for resettlement.
• All identified urgent and emergency cases are resettled.

Strategy and activities in 2012

UNHCR continues to work with the Government of Nepal, the Government of Bhutan and the Core Group countries to find comprehensive solutions for refugees from Bhutan in Nepal. The launch of a registration exercise as well as the large-scale resettlement programme for refugees from Bhutan has contributed significantly to the resolution of this protracted situation. UNHCR will continue to seek the support of resettlement countries so that group resettlement remains available as an option for interested refugees. Measures will be undertaken to prevent registration and resettlement fraud.

Efforts to prevent and respond to sexual and gender-based violence will continue, with particular emphasis on working with men and boys. Moreover, measures to prevent, identify and respond to child protection issues will be strengthened, particularly for those with specific needs, and for unaccompanied and separated children. As part of a community services strategy, vocational training and self-reliance activities will be expanded.

The camp consolidation programme and implementation of the CBDP will be key priorities. Only two camps will remain open by the end of 2012. Coordination with Government agencies, the UN Country Team and development agencies in the design and implementation of this joint programme addressing the needs of refugee-hosting and -impacted areas will be strengthened. UNHCR will be actively engaged in mobilizing new and existing partners for the implementation of the CBDP.

Tibetan arrivals transiting through Nepal will continue to receive protection and assistance from UNHCR. Additionally, UNHCR will promote access to legal status for the long-staying Tibetan population through registration programmes, and the issuance of identity documents.

UNHCR will also continue to protect and assist urban refugees and asylum-seekers. As resettlement will only be available for a limited number of people in this group, other durable solutions will be sought. Advocacy with the Government will be carried out to promote the adoption of best practices to address protection concerns and the development of a national legal framework.

In accordance with its mandate, UNHCR will further strengthen its effort to address the issue of people without citizenship certificates in the country. This will include not only promoting revisions of laws, regulations and policies that restrict access to citizenship and citizenship certificates, but also working with identified populations at risk to promote their access to citizenship. UNHCR, together with UN partners and civil society, will carry out advocacy with the Government of Nepal and other relevant actors to promote the adoption of citizenship provisions in the new Constitution which are in line with international standards and Nepal's treaty obligations.

Constraints

With a rapidly decreasing camp population and departures of skilled refugees for resettlement, UNHCR faces major difficulties in maintaining the quality of services in all the camps. In addition, anxiety about the future combined with the weaker social support networks for those who choose not to pursue resettlement have heightened the need for psychosocial support and counselling for individuals, families and communities. The frequent strikes in the eastern region where the refugee camps are located will continue to pose challenges for the movement of NGO partners, prevent refugees from attending resettlement-related interviews, and obstruct the timely delivery of assistance. The operation could also be affected should there be any political instability in the country.

While sustained advocacy efforts have been undertaken on the citizenship provisions in the new draft constitution, so far little progress has been made. Furthermore, in the absence of a domestic refugee law, urban asylum-seekers and refugees continue to be treated as illegal immigrants and may be subject to the imposition of heavy fines or detention for overstaying their visas, though in practice the authorities have generally recognized the protection needs of asylum-seekers and refugees. While cases of detention are now exceptional, the lack of registration and documentation deprives refugees of protection and the opportunity to become self-reliant.

Organization and implementation

Coordination

UNHCR will continue to work closely with the Government, resettlement countries and IOM on the resettlement of refugees from Bhutan. As part of the CBDP, it will also continue increase its engagement with donors and UN agencies in providing development assistance to refugee-affected areas, given that the districts in which the refugee camps are located may not be considered priority areas by development actors. UNHCR will work with relevant UN agencies, academic institutions and civil-society groups, to raise awareness of the risks of statelessness and advocate for solutions.

Financial information

UNHCR's financial requirements in Nepal had increased steadily since 2007 as the result of initiatives aimed at improving living conditions in the camps and efforts in group resettlement. With the reduction of the refugee population in the camps, Nepal's overall requirements for 2012 have slightly decreased compared to previous years. In 2012, UNHCR will prioritize the camp consolidation initiatives and the Community-Based Development Programme in the refugee- affected and hosting communities while continuing the resettlement programme. Protection and assistance activities for other persons of concern including urban refugees will continue, while undertaking advocacy efforts to ensure the new constitution meets international standards with regard to citizenship provisions.

Source: UNHCR Global Appeal 2012-2013

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