means, is narrow and discriminatory
against some Nepalese and favorable to others. Basically,
there are three reasons for this difficulty: first,
the Kathmandu elite have a deep fear of being overrun
by Indians and they are rigorous when it comes to granting
citizenship to those who look or sound like Indians;
second, the existence of complex and, to some extent,
discriminatory constitutional and legal provisions and;
third, the dominance of patriarchical social structure
which has restricted citizenship to children in the
name of their mother.
The citizenship certificate, in Nepal, has symbolic
meaning in addition to its legal importance in economic,
social, and political activities within the country.
In Nepal, without this document, one cannot buy or sell
property, get a government job or even pursue higher
education. Besides, citizenship certificate is compulsory
to run import business, establish small-scale firms,
get loan from banks, and other similar financial institutions,
to get government allowances for the aged and widows.
One cannot acquire a passport to go abroad without this
certificate. It is also necessary for marriage and birth
registration and even for school enrollment of the children.
Citizenship is mandatory to take part in the political
process like election for political representation.
Following the restoration of the multiparty
democracy in 1990, all the governments since have made
attempts to address the citizenship issue by forming
investigation committees, citizenship teams and by introducing
new laws and amending the existing acts and regulations.
Between 1975 and 1993, eight citizenship teams and three
investigative committees were formed to ensure smooth
distribution of citizenship certificates. Their intention,
however, appears to have been limited to gaining political
benefits rather than addressing the issue effectively.
The high-level citizenship committee
constituted under parliamentarian Dhanpati Upadhaya
in 2052 (1995) estimated that 3.4 millions Nepalis above
the age of 16 did not have citizenship of Nepal. There
has not been an estimate of the exact number of eligible
Nepali nationals without citizenship since then due
to a lack of concrete data. However, from the discussion
above, it can be asserted that a large section of Nepalis
of Tarai origin specifically Dalits, women, and poor
people have been facing problem in getting citizenship
certificates. This particular situation has contributed
not only to landlessness, marginalization, and restriction
in access to state, market and public resources but
also in a state of statelessness in their own country.
Issues raised:
| • |
Ethnic identity
in Nepal is in a constant state of redefinition
and flux which is intensified by the continuing
processes of migration of various groups. Nepal
is also characterized by unequal ethnic relations
which reflects the constant struggle for state
resources. |
| • |
While it is the right of
a Nepali residing in Nepal to be granted citizenship,
it is the evolving definition of the concept of
Nepalipan that will ultimately determine
his fate and that of the plurality and democracy
of Nepal. |
| • |
Nepalis from the Tarai who
are poor or from low castes but fulfill the conditions
necessary to acquire citizenship, have problems
getting their citizenship certificates, as they
do not have the financial resources to initiate
the process and keep it going. On the other hand,
many applicants for citizenship whose claim to
citizenship is weaker succeed in getting these
certificates as they can afford to expend financial
resources. |
| • |
Cultural modes of dress and
physical appearance of the people from the Tarai
also pose a hindrance to their claim to citizenship. |
| • |
Since one of the routes to
acquiring citizenship is citizenship by father’s
descent, a large number of people are denied citizenship
because they are born of cross-border marriages
are denied citizenship or cannot prove paternal
descent. |
| • |
The linguistic condition
i.e. knowledge of Khas-Nepali language, to acquire
citizenship to the detriment of those who speak
other native languages. |
| • |
The citizenship certificate,
in addition to its legal and consequently economic
and political importance, is symbolic of the bond
between a person and the country and its denial
is tantamount to being humiliated and being treated
as a foreigner. |
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