LOGIN DASHBOARD

    Explainers

    3 MIN READ

    In undocumented limbo

    Praveen Kumar Yadav, August 23, 2019, Kathmandu

    In undocumented limbo

      Share this article

    Millions cannot get citizenship certificates, as political parties fail to pass the Citizenship Bill.

    (Bunu Dhungana)

    The Citizenship Bill, tabled in the House of Representatives a year ago, remains stuck there, as political parties remain divided on provisions in the bill.

    In the new constitution, some provisions on citizenship require a federal law, and there are some provisions that contradict those of the Citizenship Act 2006. Without a revised law governing the regulation of citizenship, it is not clear who has jurisdiction and how people applying for papers -- either through birth or naturalisation -- are to be treated.

    This year alone, hundreds of people have tried -- and failed -- to get their citizenship papers. The few who can, have taken their cases to the Supreme Court. But in the apex court, there is a confusion that would be comical, if it did not have such terrible effects on people’s lives.

    This is what has happened in the last five months:

    • On 2 April, the Home Ministry issued a circular ordering all 77 District Administration Offices to issue citizenship certificates to those eligible by virtue of being children of citizens by birth. The distribution of papers, which had been largely stalled since the Bill was tabled, resumed.
    • But then on April 8, a single bench of Justice Purushottam Bhandari issued a stay order against the Home Ministry’s instruction until April 16, in response to a writ petition filed by senior advocate Bal Krishna Neupane, who claimed that it was unlawful for the Home Ministry to issue the circular, since the Citizenship Bill was under consideration in Parliament.
    • On April 16, after hearing both sides, a division bench of Justice Hari Krishna Karki and Bam Kumar Shrestha upheld the Home Ministry’s instruction.
    • On April 26, in response to a writ filed by senior advocate Borna Bahadur Karki, a division bench of Chief Justice Cholendra Shumsher JB Rana and Justice Purushottam Bhandari ordered the government to stop issuing citizenship by descent to children of those whose citizenship papers had been issued in a 1997 citizenship distribution drive. There is some precedent for this, as in 2001, the Supreme Court annulled some 32,000 citizenship certificates distributed by the government in 1997, as they had been granted by a political commission.
    • On May 7, in response to previous writs, a joint bench acknowledged that the Supreme Court’s orders are confusing, and determined that the issue had to be settled by a full bench of the court. The same order again halts the issuing of citizenship certificates.

    At stake is not just clarity from the Supreme Court in this critical constitutional matter, but the question of how the state treats people. A December 2015 study by the Forum for Women, Law and Development (FLWD) estimated that 5.4 million people in Nepal do not have citizenship certificates -- almost a quarter of the country’s population aged 16 and above. FWLD projects that the estimate (5.4 million), might reach 6.7 million by 2021, which would equal 26.14 percent of the total population.

    A notice posted on the District Administration Office, Mahottari wall lists 14 different documents/ pieces of evidence required for the issuance of citizenship certificates. Photo by Praveen Kumar Yadav

    What everyone without papers has in common is that they are unable to vote, register marriages or births, buy or sell land, appear for technical or professional exams, open bank accounts, gain access to credit, and receive state social benefits. They are denied access to their fundamental rights and to essential state services. The strain this places on individuals and families can be unbearable. The Tarai Human Rights Defenders Alliance has recorded at least one case of suicide that it believes resulted from the distress of being repeatedly refused citizenship papers.

    Even when people are able to invest the time and effort and resources to go to the Supreme Court and win, this means little. Arjun Sah of Mahottari successfully sued the government to be eligible for naturalised citizenship. He filed his case against the government in the apex court on February 18, 2013 and the final verdict was delivered on August 21, 2018.

    “Three months ago, I submitted the required papers to the Home Ministry following the verdict,” he said. “An official informed me that a meeting will be held to issue the certificate.”

    It seems the ministry still is dragging its feet on issuing his papers. “Your citizenship certificate will be issued soon after the enactment of the law,” he added quoting the official.

    :::

    We welcome your comments. Please write to us at [email protected]



    author bio photo

    Praveen Kumar Yadav  Praveen Kumar Yadav writes on the contemporary issues of development, politics, human rights and social justice. He tweets at @iprav33n



    Comments

    Get the best of

    the Record

    Previous Next

    YOU MAY ALSO LIKE

    Explainers

    7 min read

    Murderous MPs, and the PM gives an etiquette lesson

    The Record - October 20, 2019

    The week in politics: what happened, what it means, why it matters.

    COVID19

    Features

    5 min read

    The numbers game

    Ishita Shahi - February 8, 2021

    All safety precautions have been relaxed in Nepal but instead of rising, Covid-19 cases are falling, perplexing the medical community.

    COVID19

    Features

    3 min read

    Govt plans reductions in PCR tests while relegating state funded treatment only for the ‘poor’

    The Record - September 14, 2020

    The government’s latest set of decisions has baffled experts and the public alike

    Features

    6 min read

    Nepal votes for local leadership

    The Record - May 13, 2022

    The nationwide local elections, held for the second time since Nepal went federal, concluded at 5pm with relatively free and fair voting, amid sporadic incidents of violence. 

    Week in Politics

    6 min read

    Govt and CG butt heads, probe sought into ex-Army Chief’s properties, evacuated Nepalis to undergo quarantine

    The Record - February 16, 2020

    The week in politics: what happened, what does it mean, why does it matter?

    Features

    6 min read

    Politicians and Covid quackery

    The Record - July 1, 2020

    First they trafficked in misinformation. Now, they’re peddling dubious medicine

    Features

    4 min read

    PM Oli issues yet another controversial ordinance

    The Record - December 15, 2020

    PM Oli introduces an ordinance without the knowledge of his cabinet members, has it quickly endorsed, and holds a Constitutional Council meeting in the absence of the opposition leader and speaker

    COVID19

    News

    4 min read

    Covid19 Roundup, 12 May: Largest spike in daily cases brings the confirmed total to 191

    The Record - May 12, 2020

    A daily summary of Covid19 related developments that matter

    • About
    • Contributors
    • Jobs
    • Contact

    CONNECT WITH US

    © Copyright the Record | All Rights Reserved | Privacy Policy