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

    Explainers

    6 min read

    What will happen to the Maoists after merger with UML?

    Nabin Bibhas - April 4, 2018

    Unification throws party ideals into question, once again

    Perspectives

    3 min read

    Tharu women and political participation

    Indu Tharu - August 15, 2019

    Less than 0.2 percent of our elected local reps are Tharu women. Read the first in an occasional series on women and political participation.

    News

    3 min read

    New ordinances cause nationwide tremors

    The Record - April 21, 2020

    Leaders across the political spectrum react to hastily enforced ordinances

    Features

    5 min read

    Oli’s recent counterattack has Dahal in a bind

    The Record - November 28, 2020

    Will Dahal continue the infighting within the NCP, or will he completely sever ties with Oli? It all depends on the other head honchos’ moves

    Perspectives

    6 min read

    What mainstream feminists are getting wrong about the citizenship debate

    Kalpana Jha , Abha Lal , Sangita Thebe Limbu - June 30, 2020

    The fundamental idea of a masculine Pahadi ethno-state needs to be challenged

    COVID19

    News

    3 min read

    Covid19 Roundup, 16 April: Police brutality on the rise, an exodus of the hungry & increased border security

    The Record - April 16, 2020

    A daily summary of Covid19 related developments that matter

    News

    3 min read

    Gautam’s bid to become minister hits a snag

    The Record - September 23, 2020

    The Supreme Court steps in to put a stop to the NCP’s latest attempt to hoist also-rans to positions of power

    COVID19

    Opinions

    9 min read

    Lessons from 3 crises in 5 years

    Rajendra Senchurey - September 22, 2020

    Unless Nepal comprehensively overhauls its disaster response mechanisms, we’ll continue to see the nation reeling with every crisis

    • About
    • Contributors
    • Jobs
    • Contact

    CONNECT WITH US

    © Copyright the Record | All Rights Reserved | Privacy Policy