‘No difference on naturalized citizenship between ordinance and present bill’

(Bhishma Raj Ojha)

The ordinance introduced by then Prime Minister KP Sharma Oli on citizenship in 2078 BS was no different from the present bill on citizenship in terms of naturalized citizenship. However, there are disinformation and fake news rife on the provision on naturalized citizenship to be conferred on the foreign women after they get married to a Nepali citizen (male).

Home Minister Balkrishna Khand said the provision on naturalized citizenship is still similar to the provision of Nepal Citizenship Act, 2009. The provision on naturalized citizenship is existing as it is for seventy years and on this very basis, the this sort of citizenship is conferred. Although the government of two-thirds majority had presented the citizenship bill in the parliament on Saun 22, 2075, it was left in limbo since then.

Later, on Jestha 9, 2078, the ordinance on Nepal Citizenship (first amendment), 2078 had not mentioned anything about ‘marital naturalized citizenship’. It means the ordinance had the similar provision as mentioned in the present bill on Nepali citizenship as per the provisions of Constitution of Nepal, 2072, and Nepal Citizenship Act, 2063. Citizenship document is the solid base of relations between a citizen and his/her state. This is the license for the people to enjoy rights provided by the State- fundamental rights, economic and social rights, political rights.

Article 10 of Constitution of Nepal, 2072 states, ‘No Nepali citizen shall be deprived of citizenship certificate.’ In a question why the citizenship bill was relevant at present, Home Minister Khand said the government has forwarded the bill on citizenship as seven years have passed since the promulgation of new constitution, but no act was made to this regard. Although the people having both the parents with the Nepali citizenship were eligible to acquire citizenship, they were deprived of it which again deprived them of many facilities like bank account, higher education, SIM card, driving license, PAN, etc. “None can be left stateless by depriving him/her the Nepali citizenship,” he said, adding that it was sheer disinformation to claim that nationality would be jeopardized while conferring marital naturalized citizenship to foreign woman after marrying a Nepali man.

Likewise, Article 289 of the Constitution of Nepal has outlined general differences in citizens’ rights for positions of special importance and dignity. According to the constitution, election, nomination and appointment in President, Vice President, Prime Minister, Chief Justice, Speaker of the House of Representatives, Chair of the National Assembly, chief and chief minister of provinces, speaker of provincial assemblies and chief of security agencies will be based on the citizenship by descent. Those acquiring a naturalised citizenship certificate should live at least 10 years in Nepal to become eligible for posts of constitutional bodies except for the above positions.

Similarly for the same purpose, those getting a naturalised citizenship by marriage and the one through birth should have lived in Nepal for at least five years. Many children of Nepali fathers and mothers are deprived of Nepali citizenship certificates. Following the passage of the bill, such children will avail of state facilities and increase their ownership and responsibility towards the state, Home Minister Khand viewed. Likewise, non-resident Nepali citizens will get economic, social and cultural rights except political and administrative ones.

Also, those residing in Nepal without whereabouts of their parents and reaching 16 years of age can get citizenship cards through descent through the recommendation by an organisation or a legal custodian and the recommendation of local levels. A child born to a Nepali woman residing in Nepal but without the identification of his or her father can get a Nepali citizenship card based on self-declaration by his or her mother that the identity of his or her father could not be ascertained. Without the bill, many people remain deprived of Nepali citizenship certificate.

Difference between the two bills The Nepal Citizenship (First Amendment) Ordinance, 2078, issued by President Bidya Devi Bhandari on the recommendation of the Council of Ministers led by Prime Minister KP Sharma Oli on 9th Jestha 2078, and the recently introduced Bill are not different in terms of the provisions related to naturalized citizenship. The provisions of the Nepal Citizenship Act, 2063 have been continued. The Act was introduced based on an agreement between the seven parties and the then CPN-Maoist party. When the Act was promulgated, KP Sharma Oli was the Deputy Prime Minister and Minister of Foreign Affairs, while President Bidya Devi Bhandari was a member of parliament.

The only new provision in the bill in compared to the ordinance introduced in the year 2078 is the provision of the citizenship with economic, social and cultural rights, and barring political and administrative rights to the Non-resident Nepalis. Conclusion The provision of naturalized citizenship by marriage to a foreign women married to Nepali citizens continues since 2009 (except for the second amendment of the Constitution of Nepal 2019 from 2032 to the third amendment in 2037). Home Minister Khand said that efforts are being made to establish the narrative that giving citizenship without setting a time period would harm the nation’s identity.

For three years and five months during KP Sharma Oli’s prime ministership, the government with a two-thirds majority could not bring the Citizenship Act in accordance with the provisions of the Constitution and did not even set a time limit for legal recognition of marriage with a foreigner. Even when the ordinance was introduced, there was no provision for a time period in the case of marriage, while continuing the provisions of the Nepal Citizenship Act, 2063. Home Minister Khand said it is nothing more than propaganda to say that a certain period of time should be set while granting naturalized citizenship by marriage, and if not, the nationality itself will be jeopardized.”