Executive summary
More than 107 000 people of ethnic Nepali origin ('Lhotshampas') have been displaced from their homes and lands in Bhutan over the past two decades. Most have since resided for many years in refugee camps in eastern Nepal, and there is still no realistic prospect of their safe and dignified return. In 2007 the international community offered to resettle a large number of refugees to third countries in order to alleviate their suffering; while this may provide a solution to the protracted displacement situation for many, their determination and hope to one day return to Bhutan remains very much alive.
In support of the right of Bhutanese refugees and displaced persons to return to their homes and lands in Bhutan, and based on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (the 'Pinheiro Principles'), COHRE actively promotes the right to housing, land and property (HLP) restitution. Building on past efforts in this area, COHRE has conducted an in-depth analysis of the HLP restitution rights of Bhutanese refugees and displaced persons, focusing on the issue of the right to returnbased restitution in light of the third-country resettlement offer, as well as on the specific challenges that exist in effectively implementing the right to housing, land and property restitution. COHRE undertook two field missions to Nepal and the Indo-Bhutan border at the end of 2007 and the beginning of 2008. It has conducted several training sessions for relevant stakeholders and produced three publications on the right to housing, land and property restitution for Bhutanese refugees and displaced persons.
COHRE's work has demonstrated the need and urgency to continue promoting HLP restitution rights for Bhutanese refugees and displaced persons. One pressing need is to create an HLP database compiling relevant information and evidence from the refugees regarding their HLP ownership in Bhutan. In addition, further research into the underlying challenges affecting HLP restitution - including issues of nationality, land ownership, land registration and secondary occupation - is required. Finally, it is critical that concrete advocacy strategies leading towards the effective implementation of HLP restitution are developed and implemented.
This report details COHRE's work on HLP restitution for Bhutanese refugees and displaced persons. It provides an in-depth legal analysis of the right to HLP restitution, the use of the 'Pinheiro Principles' in ensuring HLP restitution for the Bhutanese displaced community, and the underlying challenges faced in achieving HLP restitution. Concrete conclusions and recommendations are presented on how to best continue working towards guaranteeing HLP restitution for Bhutanese refugees and displaced persons.