“Bhutanese refugees have right to return home: International rights group”

Geneva: 23 May 2008: The Centre on Housing Rights and Evictions (COHRE), a Geneva-based international human rights organisation, today launched three new publications drawing attention to the rights of Bhutanese refugees to return to their homes, or to otherwise receive compensation for their losses. The publications follow two COHRE fact-finding missions to Nepal and the Indo-Bhutan border in 2008.

The publications focus on the application of international human rights standards – namely the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (or ‘Pinheiro Principles’) – to the situation of the more than 100,000 displaced Lhotshampas, people of ethnic Nepali origin in Bhutan.

Kees Wouters, Legal Officer to the COHRE Asia and Pacific programme, who was part of COHRE’s missions to Nepal, said: “Under international law, Bhutanese refugees have the right to return to their original homes and land. If returning home is factually impossible, or if people choose not to return home, they have the right to be compensated for their losses, or to receive alternative land and housing.”

The reports are timely, given that a process of third-country resettlement has started for many of the refugees. According to the COHRE report, however, this resettlement process does not affect the right to return, or to housing, land and property restitution. According to Wouters, “Third-country resettlement is only one part of the durable solution for the Bhutanese refugees – the right to return and to restitution should not be forgotten. The right to return is not limited by time or location. Even if refugees agree to third-country resettlement, their right to return to their original land and home in Bhutan, and to claim restitution or compensation cannot be taken away.”

COHRE called on the Bhutanese government to give attention to the housing rights of those who have been displaced: “Bhutan is a member of the United Nations and a State party to important human rights treaties. If Bhutan considers itself a respectable member of the international community, it has a duty to acknowledge the right to return of the Bhutanese refugees,” added Wouters.

Wouters added: “The government of Bhutan cannot ignore the claims of the Bhutanese refugees in Nepal. Over 90% of the 4553 refugee families surveyed in the camps hold valid documentary evidence of land and property ownership in Bhutan.”

Even though return is not possible at present, COHRE and local partners are actively promoting the right to housing, land and property restitution for Bhutanese refugees. Wouters said: “At this time, it is vital that we collect information and documentation that links the Bhutanese refugees to their lands and homes in Bhutan. It is also important to conduct research and awareness-raising with the refugees, to understand the underlying issues and challenges of how best to obtain restitution.”

COHRE called on the international community, notably the Core Working Group on Bhutanese Refugees, to support efforts towards protecting the housing, land and property rights of Bhutanese refugees.

For more information, contact bhutan@cohre.org or:
Kees Wouters: kees@cohre.org / +32.47.3665834