37.The Committee remains concerned that the State party does not have a formal asylum recognition system to ensure the respect of the principle of non-refoulement, and that, while it has provided temporary shelter on humanitarian grounds to thousands of refugees from Tibet Autonomous Region and Bhutan, it states that it is not in a position to accept any other refugees due to practical considerations. The Committee is also concerned by reports of large numbers of stateless persons in Nepal, and by reports that Tibetan refugees and their children, including those born in Nepal and who have been living in Nepal for decades, are not provided with identity documents and are consequently exposed to fines, detention and deportation for irregular stay, and are unable to obtain an education, open a bank account, obtain a driver’s licence and travel (arts. 2 and 5–6).

§ 61. "The Committee reiterates its previous recommendations (see CRC/C/15/ Add.261, para. 80) and recommends that the State party:

(a) Take legislative, administrative and institutional measures to ensure that all children are registered at birth, including children born to refugees and asylum seekers;

(b) Adopt domestic legislation covering the rights of refugees and asylum seekers in line with international standards;

(c) Seek to ensure, as a matter of priority, that all refugee and asylum-seeking children and their families have access to health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth;

(d) Carry out a comprehensive registration exercise for the long-staying Tibetan population and their children in order to provide them with documentation and promote the enjoyment of their human rights, as well as access to basic services, as already recommended in the Committee’s previous concluding observations (see CRC/C/15/Add.261, paras. 43-44 and 80)."