Nepal’s Legal System Shines – Supreme Court Protects Bhutanese Refugees Deported by USA and Thrown by Bhutan and India

In a significant ruling that underscores the strength and compassion of its legal system, Nepal’s Supreme Court today granted full protection to four former Bhutanese refugees who were deported from the United States and had been detained. This decision not only highlights Nepal’s unwavering commitment to human rights but also exposes the failures of the United States, Bhutan, and India in fulfilling their international obligations toward vulnerable individuals.

The refugees, originally resettled in the United States under the UNHCR resettlement program, were forcibly deported despite the U.S. being a signatory to the 1951 Refugee Convention. This act violated the principle of non-refoulement, which prohibits the deportation of refugees to countries where they face danger. Once deported to Bhutan, the refugees were stripped of their legal rights, coerced into signing documents they could not understand, and forcibly expelled once more. They were subsequently thrown into India, where they were left without protection, before eventually finding refuge in Nepal.

While the United States could have dealt with these refugees under its own laws even if they had committed crimes, instead, they were deported to Bhutan, where they were unjustly labeled as terrorists. Bhutan’s TSA-WA-SUM law, a harsh and punitive law, would have subjected them to death sentences or lifelong imprisonment but Bhutan opted to expel them, stripping them of their legal documents and leaving them stateless and vulnerable in India, where they had no legal rights or protection.

Interestingly, Bhutan was ultimately compelled to accept these refugees and provide them with travel documents, not out of humanitarian concern, but to alleviate international pressure. The United States had placed Bhutan on a visa ban red list, and by accepting these refugees, Bhutan successfully managed to have the visa restriction downgraded to the yellow list, easing diplomatic tensions. This decision reflects Bhutan’s prioritization of its international reputation over the safety and well-being of the displaced refugees it had previously forced out.

Despite Nepal not being a signatory to the 1951 Refugee Convention, the country has consistently demonstrated its commitment to protecting human rights and offering sanctuary to those in need. The Supreme Court’s ruling allows these refugees to live freely in Nepal, restoring their dignity and safety after years of hardship.

However, the fate of the other 16 refugees, who were also part of this group resettled in the U.S. but deported, remains uncertain. Where are they now? Are they imprisoned in Bhutan? Are they lost in India, or stateless in Nepal, without protection or rights? 

The Global Campaign for the Release of Political Prisoners in Bhutan (GCRPPB) has expressed deep concern for their well-being and hopes that the remaining refugees will also receive the protection and freedom they deserve.

This action of Nepal’s Judiciary showcases the country’s leadership in human rights, demonstrating the core values of compassion and justice. Gautama Buddha, the founder of Buddhism, taught the world that all humans deserve respect, kindness, and protection, regardless of their nationality or status. Through its actions, Nepal has once again lived up to this philosophy.