Intervention at the Working Group on Minorities, United Nation Human Rights Commission,   Geneva

The Commission on Human Rights

Sub-Commission on Prevention of

Discrimination and Protection of Minorities

Fiftieth Session

Working Group on Minorities

Fourth Session

Geneva, May 25-29, 1998    

Geneva, May 26, 1998

Thank you Mr. Chairman, 

I am Rakesh Chhetri and represent the  Centre for Protection of Minorities and  Against Racism and Discrimination in Bhutan, now exiled in Nepal. I congratulate you on your re-election. I present my intervention under Agenda No. 3 (a) (i), At the national level and  3 (a)  (iii) At the International level.

INTRODUCTION

I would like to draw your kind attention to the plight of more than 94,000 Nepali speaking minority Lhotshampa Bhutanese refugees who are forced to live in the refugee camps in eastern Nepal and another 20,000 Bhutanese refugees (Lhotshampas) living outside camps in Nepal and India.

Bhutan is a multi-religious, multi-cultural and multi-linguistic society. It is a nation of immigrants and does not have the indigenous people. However, the government is on record to state that “Pluralism is only practical for a larger country where a diversity of customs, traditions and culture enriches that nation. A small country like Bhutan cannot afford the luxury of such diversity which may impede the growth of social harmony and unity among its people”. This violates Article 1 (1) of the UN Declaration on Minorities. This attitude and mentality of my country`s government has become a great source of tension among the various minorities and between the government and the minorities. There are ten different and distinct ethnic groups and minorities in Bhutan.

The Ngalung ethnic group, also widely called as Drukpas, forming the ruling community and the majority government, live mostly in the north-western region. They practise Drukpa Kargyupa school of  Mahayana Buddhism, speak Dzongkha language and wear robe like dresses called `Gho’ for men and `Kira’ for women. King and all the high Government Officials belong to this group. They are the politically and economically dominant ethnic group. They belong to Tibeto-mongoloid  stock and have migrated from Tibet.

The second ethnic group is Sharchhop (meaning easterners) minority, who inhabit in eastern and central districts and practice Nyingmapa sect of Mahayana Buddhism and belongs to Tibeto-Burman ancestry. They speak Tsangla, Kurteop, Kheng and Brokpa dialects. They were supposedly migrated from North-east India.

The third ethnic group   Lhotshampa (meaning Southern Bhutanese) minority live in southern foothill districts, speak Nepali language, practice mostly Hinduism and migrated from  Nepal, Darjeeling and Sikkim in India.

All three ethnic groups migrated to Bhutan at different points of time in history, but before the exodus of British from India in 1947. There are other minorities and  ethnic groups having their own distinct characteristics in terms of language culture, religious practices etc. They are Tibetans, Doyas, Khengs, Adivashis, Brokpas Mangdepas and Kurteopas. In terms of religion and faith, Bhutanese people practise Hinduism, Christianity, Drukpa Kargyupa and  Nyingmapa sects of Buddhism and Animism.  These ethnic groups for centuries have inhabited in separate regions of Bhutan. Each ethnic group lives in a particular region. For example, the Lhotshampas live in southern foothills, the Sharchhops in north-eastern districts, Brokpas in northern highlands and Kurteopas in high north-east, Khengs in central parts, Bumthangpas in upper middle parts, Drukpas or Ngalungs in North-western parts of Bhutan. They all live in cultural separation from one another in different territorial regions.

PROBLEMS

Denationalization of Lhotshampas

Our country’s government has implemented a discriminatory Citizenship Act, 1985 targeting against the Lhotshampa minorities. This Act has been responsible for denationalization of more than 120,000 Lhotshampa minorities. They were made ‘stateless’ over night by the government by manipulating various laws. The government confiscated the citizenship certificates of hundreds of Lhotshampa minorities. They were forcefully evicted as non-citizens and are now compelled to live as refugees in Nepal and India.

The Lhotshampa refugees constitute around twenty percent of the country’s total population of  700,000. A large number of Lhotshampa women and children are deprived of their husband’s and father’s citizenship by the government. The government has violated Article 1 (2) of the UN Declaration on Minorities by adopting two standard of legislative measures on citizenship.

Discrimination in employment and  education

After the peaceful pro-democracy demonstration in 1990, our country’s  government as a means of punishment to the Lhotshampas introduced a discriminatory  rule requiring  all Lhotshampa citizens  to produce a No Objection Certificates (NOCs) or Police Clearance certificates from  the police   stating  that none of their kith and kin has been involved in the peaceful pro-human rights and pro-democratic movement of September-October, 1990.  Every Lhotshampa is required to produce NOCs for getting admission of their children into schools, for processing promotion in civil service, for issuing passport, for seeking scholarship, for sitting in the civil service examinations and applying for jobs in the government service etc. This certificate is discriminatorily implemented against Lhotshampa in violation of Article 1 (2) of the UN Declaration on Minorities. 

Violation of Cultural Rights 

The government is pursuing a programme to make Bhutan culturally homogenous through a policy it calls, ’One Nation One People.’ The ‘One Nation One People’ policy of the government stresses the need for a  Drukpa national  identity, but does not envision forging this identity to encompass the diversity of nations’ cultures. The Lhotshampas have no right to wear their dresses. They are forced to wear the Drukpa dresses. The government violates the Lhotshampas right to enjoy their own culture. The names of places reflecting their traditional culture have been replaced by Drukpa sounding names. It has imposed a forceful assimilationistic policy called `Driglam Namzha`. The Driglam Namzha policy is destroying the cultural identities of Lhotshampa, Sharchhop and other minorities, directly violating Article 2 (1) of the UN Declaration on  Minorities.  We respect the political integration, but denounce the cultural and religious assimilation.  

Violation of Religious Rights 

Christianity is banned by the law of National Assembly (Parliament). The Christians are denied the right to practise their religion. The government does not allow them to establish their churches. Even the prayer in their private chapel in their home is subjected to the government scrutiny. Like wise, the Sharchhops are also denied the right to practise their Nyingmapa Buddhist faith. Their monks (priests) are being arrested and imprisoned. One of them was recently shot dead by the District Administrator. The government violates Article 2 (1) of the UN Declaration on Minorities. 

Discriminatory Language Policy 

Under the Driglam Namzha, the government lifted Nepali language spoken by the Lhotshampas from the school curriculum in February 1989. It banned the  teaching of Nepali language in the schools in southern Bhutan that remained in school curriculum for last over thirty five years. Nepali is the mother tongue of southern Lhotshampas. Teaching of Nepali had begun in 1950's in the southern Bhutan schools much before Dzonkha, language, mother tongue of Drukpas was introduced in the school curriculum in late sixties. The government violates Articles 2(1),  4 (3) and  (4) of the UN declaration on Minorities. 

Economic rights  

The Lhotshampas and Sharchhops are denied equal right to employment and equal access to the trade, business and industrial activities. They do not have access to higher posts in army, police, bureaucracy and in the government. The representation of the minorities such as Brokpas and  Doyas, in the bureaucracy is nil. Other minorities such as Tibetans, Adivashis, Khengs, Mangdeps have less than one percent representation in the bureaucracy. There is not a single minister from these ethnic groups. Likewise, they have not been appointed in the judiciary. This violates the Articles 2 (2) and 4 (5) of the UN declaration on Minorities. 

Others  

The Lhotshampas and the Sharchhops are discriminatorily prevented from participation in the national decisions effecting them, thus violating their rights under Article 5(1) of the UN Declaration on Minorities. 

Mr. Rongthong Kuenley Dorji, the main minority opposition leader and the Chairman of the United Front for Democracy in Bhutan was arrested by the Indian police on April 18, 1997 and since then is imprisoned in Tihar jail in New Delhi. He has not committed any criminal offence in India or Bhutan.

Mr. Chairman, I have some recommendation for the solution of our problems.

RECOMMENDATIONS

1. I request the Chairman of Working Group on Minorities to take necessary steps to encourage and open dialogue between my country’s government and the opposition refugee leaders in Nepal for a realistic solution of Bhutanese refugee problems in Nepal.

2. I request the Chairman to pay a field visit to the refugee camps in Nepal to investigate and assess the ground realities.

3. I suggest the forthcoming  World Conference on Racism also to address the minority problems and involve the minorities in preparatory meetings and shaping of the agenda.

4. I also suggest the holding of a World Conference on Minority Rights to address the minority problems.

5. I suggest the creation of a United Nations High Commissioner for Refugee fund for refugees minorities to enable them to travel to Geneva and contribute to the deliberations and discussions in the Working Group on Minorities.

6. I suggest my country’s government to draft and adopt a national Constitution guaranteeing and protecting the rights of minorities and promoting diversities. I also suggest the government to repeal the Citizenship Act, 1985,  restore the National Law on Citizenship, 1958 and take necessary measures for early repatriation of Bhutanese refugees.

7. I suggest that my country’s government to provide  open space for functioning of civil society.

Rakesh Chhetri

Executive Director

Centre for Protection of Minorities and  Against

Racism and Discrimination in Bhutan

Mailing Address in exile: GPO Box  No. 3485, Kathmandu, Nepal

Tel. No. 00977-1-529 106Fax No. 00977-1-549 284