Lawful Limitation or Northern Influence? Restricting the Freedom of Expression of Tibetan Refugees in Nepal

Abstract

Any exercise of Right to freedom of expression of Tibetan refugees living in Nepal if deemed as ‘anti-Chinese activity’ is restricted by the Government of Nepal. Nepal, having ratified the ICCPR, has undertaken an international obligation to recognize and protect freedom of expression. In this context, this paper aims to examine the lawfulness of the restriction imposed by Nepal within the framework of Article 19 (3) of ICCPR. This study also seeks to analyze whether Nepal is under any influence of its Northern neighbor, China in restricting the freedom of Tibetan refugees.

This study reveals that restriction imposed by Nepal on freedom of expression of Tibetan refugees does not fall under the domain of lawful restriction permitted within human rights law. Further, it also establishes that Nepal is under influence of China in matter concerning Tibetan refugees, including freedom of expression. The influence of China on Nepal has been established by the analysis of Nepal’s foreign policy commitment towards China as Nepal’s national interest. The study brings to light the paradoxical situation of Nepal in context of its national interest in one hand and its human rights commitments in another.

This study concludes that the restriction on freedom of expression of Tibetan refugees in Nepal amounts to violation of human rights obligation by Nepal. This study recommends that Nepal should adhere to its human rights obligation and respect the freedom of expression of Tibetan refugees living within its jurisdiction.