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 connect@recordnepal.com



    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

    Perspectives

    Visitor’s Post

    8 min read

    Dissecting narratives of democracy in Nepal

    Iain Payne - November 26, 2020

    Two steps forward, one step back, another step sideways?

    Explainers

    9 min read

    Game of thrones

    Bhadra Sharma - July 20, 2020

    By proposing a party general convention in December, Oli has managed to turn the tables on his comrades who want to oust him, but given the NCP’s overall landscape, the current stalemate at the top will likely continue

    Features

    3 min read

    Bam Dev Gautam finally gets his wish as the SC paves the way to his becoming minister

    The Record - November 11, 2020

    The decision to allow Gautam, who came up short in the 2017 elections, to work as a minister will set a bad precedent

    Features

    5 min read

    The prime minister finds his religion

    Bhadra Sharma - January 31, 2021

    With visits to Pashupati and a reiteration of Nepal as the birthplace of Ram, Oli appears to be scrambling for the Hindu vote.

    Explainers

    9 min read

    Everything you need to know before you go vote

    Sajeet M. Rajbhandari - May 12, 2022

    Here’s a handy list of things to keep in mind, especially for first-time voters, while voting in the 2022 local election on Friday, May 13. 

    Features

    6 min read

    Yuba Raj Khatiwada’s endless tenure at the top

    The Record - September 16, 2020

    Khatiwada has mastered the art of remaining the go-to economist for Nepal’s communist leaders and of helping them cement their grip on power

    Features

    5 min read

    Bhattarai’s recent embezzlement allegations against top-rung leaders need to be examined

    The Record - October 13, 2020

    The former prime minister’s explosive accusations about corruption in the Budhi Gandaki Hydropower Project could have far-reaching ramifications

    Features

    6 min read

    Motherhood challenges that Nepal’s women inmates face

    Ishita Shahi - August 30, 2020

    Women prisoners struggle with the difficult choice of sending their kids away or bringing them up in a milieu that could negatively impact their child’s development

    • About
    • Contributors
    • Jobs
    • Contact

    CONNECT WITH US

    © Copyright the Record | All Rights Reserved | Privacy Policy