Ethnic Nepalis And Bhutan's Citizenship Acts

Kazi Gautam

THE ethnic Nepalis residing in Bhutan have been facing different problems off and on. There is no peace and security, and the ethnic Nepalis have to succumb to different forms of torture. The government introduces policies and acts, brings them into force and amends them after a period of time. But all these acts are measures to exclude the Sarchhops (Nepali speaking people) from participating in governmental activities. The Druk government has always swindled the international community by appearing benevolent. Backed by the greatest democracy in the world, the Druk dictators have very easily succeeded in establishing "a clean relationship" with the outside world. This has always benefited the Bhutanese government. Although it has been preparing for the first general election to be held in 2008, and also towards establishing democracy, this move of the Bhutanese king plausibly needs to be read between the lines, as thousands of Nepalis within and outside the country have been excluded from obtaining citizenship.

Citizenship Acts

Among the different acts introduced by the government, the Citizenship Acts deserve special mention as they were intended to hit a hard blow to the ethnic Nepalis. The latter first migrated to Bhutan in the 19th century. Most of them became eligible for Bhutanese citizenship under the 1958 Nationality Law. Furthermore, from the mid-1950s, ethnic Nepalis began to establish them in different fields.The 1977 Citizenship Act increased the residency requirements for citizenship by 10 years: from five to 15 years for government servants and from 10 to 20 years for all other foreigners. The growing concerns about the threats posed by ethnic Nepalis to Bhutan's cultural identity were reflected in an additional requirement for applicants for Bhutanese citizenship to have "some knowledge" of the Dzongkha language and Bhutan's history. As the Nepalis had little or no knowledge of Dzongkha, this requirement was difficult to meet for them. The 1977 Act also very easily excluded the Nepalis to avail the opportunities to obtain the citizenship. It did not grant citizenship to anyone who had carried out activities against Tsawa Tsum (king, country and people). Following the country's first National Census from 1979 to 1981, citizenship was granted only to those identified as citizens according to the 1977 Act.

The Citizenship Act that followed the 1977 Act further tightened the requirements for citizenship. Under this new 1985 Act, a child automatically qualifies for citizenship if both parents are Bhutanese. This Act further complicated the process of obtaining citizenship through the naturalisation process. However, if one had resided in Bhutan on or before December 31, 1958 and had one's name registered in the Ministry of Home Affairs Census Register, he would be provided citizenship. There are certain points to be noted about the new census of 1988. This census was conducted only to add to the retroactive implementation of the 1985 Act. The census was conducted only in southern Bhutan. It excluded ethnic Nepalis from becoming naturalised citizens, as provided under the 1985 Act. Instead, the authorities restricted Bhutanese citizenship to ethnic Nepalis who had records, such as tax receipts, to prove they were residents in Bhutan in 1958 - 30 years before the census.The Bhutanese officials refused to accept residency records from 1957 or earlier, or from the years 1957 and 1959 to establish citizenship. They disregarded the citizenship identity cards issued after the previous census: the authorities classified people who could not prove residence in 1958 as non-nationals, "returned migrants", or other illegal immigrant categories, even if they possessed a citizenship card.

Along with the different Citizenship Acts, the king implemented various policies that were intended to exclude and, thus, expel the ethnic Nepalis. Eventually there was a mass demonstration in September and October 1990. Almost all participants were termed "anti-nationals", and thousands of them were detained. In the light of the above-mentioned points, one can figure out how fruitfully the government can carry out the developmental activities in the country. Majority of the Nepalis residing inside Bhutan do not possess citizenship. They shall never be allowed to exercise their political rights. The political parties that have been recently registered to participate in the country's election are, in fact, under the beck and call of the king. The refugee political parties have not been recognised till date.

Repatriation

It is also noteworthy that the politically-conscious people have been languishing in the refugee camps. The Druk regime always plays fast and loose if it is a question of repatriating the exiled people. Its erstwhile commitment to repatriate at least those refugees who fall under category one (genuine Bhutanese) is too far to come into effect. Instead, it has termed the peaceful and innocent refugees to be "highly politicised and terrorists". According to the agreements reached by the governments of Bhutan and Nepal, refugees in category two (genuine Bhutanese who are deemed to have left Bhutan voluntarily) would be allowed to return to Bhutan, but would have to reapply for Bhutanese citizenship. However, the provisions of the 1985 Bhutan Citizen Act would exclude most, if not all, people in this category.

Source: The Rising Nepal, August 22, 2007

Unity For Successful CA Polls

Yuba Nath Lamsal

The Election Commission has published the schedule for the election to the constituent assembly (CA) slated for November 22. Following this, the election fervour is slowly gaining momentum. With the date for the election coming closer, the political parties, which are the main stakeholders, are expected to gear up their activities to mobilise and educate the people about the polls.However, the speed with which the political parties are moving ahead with the electioneering process has been slow, despite their demand and commitment to hold the election in time and in a free and fair manner. Even after the publication of the election programme, the political parties have not started their election campaign. It could be partially due to the weather condition. But more than that, the parties are not confident of their strength and are weighing the pros and cons of the current situation before going to the people.

Historic process

Elections are the bedrock of a democratic polity. It is through an election that people exercise their sovereign right and choose their representatives to rule. Moreover, the constituent assembly election is a historic process in Nepal. It is a process that will enable the people to participate in the constitution-making process. Thus, the political parties now need to go to the people with their political programmes to mobilise and educate the voters so that there is better participation of the people. But before doing that, the eight political parties that are in the government must ensure a conducive atmosphere for the election. At present, the law and order situation in some Terai districts is not satisfactory. Even officials who are to conduct the polls have not felt safe and secure. Without ensuring their full security, the officials many not be able to go to the polling stations. Even workers of the different political parties are hesitant to go to the villages. Thus, this situation may affect free, fair and credible election. Against this background, the first and foremost duty of the government and the eight political parties is to maintain strict law and order and improve the security situation in the country. At present, some groups in the Terai have launched an agitation, and a few of them have been carrying out criminal activities in the name of a political movement. The Madhesi Jana Adhikar Forum (MJF) is one of them, and it has launched a political agitation demanding more share for the Terai people in the political and social sectors.

Most of the demands of the MRF have already been addressed which have also been incorporated in the interim constitution. The major demands of the MRF include seats and share in the constituent assembly on the basis of the population, and a federal system of governance. Both these demands have been addressed as the government and the eight political parties have agreed to go for a federal system and increase the seats in the constituent assembly on the basis of population. So the MJF now needs to stop all forms of protests and concentrate on the constituent assembly election.Certain militant groups in the Terai have been resorting to criminal activities like killing, kidnapping and extortion. These are criminal activities which must be dealt with in accordance with the law of the land. The government has already formed a negotiating team with representatives of the different political parties to hold talks with the various disgruntled groups and find an amicable solution to the problem. It has already invited all the groups for talks. However, some groups in the Terai have not responded to the government's invitation and continue with their violent and terrorist activities. Thus, the government has little option other than to use force, if necessary, to bring the situation under control and maintain security so that voters can participate in the election process without any kind of fear.

Nepal has witnessed three democratic elections and two elections to the local government after the political change in 1990. But the constituent assembly election is the first exercise of its kind in Nepal, and it is different from the previous elections. There will be two types of election - one for the candidates based on the first-pass-the-post system, and the other for the political parties on the basis of the proportional system. There will be two ballot papers and ballot boxes for the different systems of election. But the people are not used to and are not properly educated about this election system or the constituent assembly itself. We are running out of time, and the political parties must start their election campaign and go to the people to create an election fervour nationwide. As the nation is in its transitional phase, there is no alternative to the election. This is the only remedy to taking the nation out of the crisis and ensure peace, stability and security in the country. The constituent assembly election is a must for the larger interest of the nation and the people. It is not a question of who wins and who loses in the election. It is about brining stability to the country, democracy and prosperity. The victory of the nation and democracy lies in the peaceful and successful conduct of the election. Thus, the political parties, instead of blaming one another, must work together and go to the people in perfect political harmony for the success of the election. This is the time that requires stronger unity and more co-operation among the political parties than ever before. In this situation, the political parties must set aside their personal and partisan interests and ideological differences and work together to end the present transition and navigate the nation out of the crisis.

Mass meeting

Recently, the eight political parties decided to hold a joint mass meeting in the capital to start the election campaign, which would send a positive message of unity nationwide. This is, of course, a praiseworthy decision for which the political parties and leaders deserve appreciation. However, this spirit needs to prevail till the election is held so that the elections can be held successfully, and any attempt to sabotage the election process would be defeated. The nation is, thus, in need of more wisdom, flexibility and a strong sense of solidarity and co-operation on the part of political parties and the leaders. This is the desire of the people, and the leaders must listen and act accordingly. This alone will steer the nation ahead on the path of peace, stability and prosperity.

Source: The Rising Nepal, August 22, 2007

CA Polls: Reminder To Political Parties

Prem N. Kakkar

THE fanfare with which the date for the constituent assembly polls was announced is still vividly etched in the minds of the people in general. It was the great delay that had left the people rather confused as to whether the polls would ever be held. Though late, the affirmation of holding the polls came through the announcement of the date for it.

Deadlock

The delay, as is understandable, arose from the disagreement among the eight parties that are in the government. Often trivial issues were blown up, raising doubts and suspicions among the coalition members. That was rather unfortunate as the country was heading for the important landmark, that is, holding the CA election that would carve the future of the country.The hectic parleys of the top political leaders of the eight parties broke the deadlock, making it possible for the date to be finalised and announced. Now it is a mere 96 days for the set date to arrive and give the much-awaited opportunity for the people to vote. Yet, many things remain unclear about the said election. As is well known, the majority of the people are still unaware of the importance for going to the historic exercise. On this score, the political parties are yet to hit the campaign trail. It is not understood why the political parties are taking it so lightly when in rhetoric they sound very upbeat.

Unlike the general elections, the CA polls are markedly different. So the parties have to draw up a different strategy for it. Yet, the only thing that the parties are doing is saying publicly that if the polls cannot be held then it will prove disastrous for the country. Instead of making such remarks why don't all the parties make an effort to hold the election no matter what the situation.In the present situation, there are many problems confronting the government. Every partner in the government is equally responsible for the delay in resolving the various burning issues of the present time. It is peace that is a pre-condition for the CA polls to be held successfully. But, looking at the national scenario, there is very little to generate satisfaction. The problems in the Terai have to be solved at the earliest. As the delay goes on, many more armed groups have surfaced in the Terai region complicating the issue. The government has extended the olive branch, yet nothing concrete has been reached.

There is sincerity of the government in solving the problem, but there has been dissent from the coalition partners themselves. This is quite unfortunate. All the coalition partners should have, in fact, joined their heads together to resolve the problems. There are many genuine demands of the agitating groups which should be met in the best manner possible. The government talks team is doing the needful despite the fact that it is overburdened, and while sitting for talks with one or the other groups, it needs time due to lack of total homework. This aspect must receive utmost attention in the days to come. This must be realised by the eight party leaders that such a situation cannot be lengthened.What is equally disturbing is that neither the cabinet nor the leaders of the eight parties are meeting these days. When all want the unity among the eight parties to be maintained, then why this unusual phase? It is now run up to the CA polls, and the calls made to the parties to head for the villages and districts do no seem to be working. Even the chief election commissioner is surprised by the lack of enthusiasm of the political parties to hit the campaign trail. The Election Commission is reported to have made its preparations for the polls, but the parties are not doing the needful.

It is the political parties that must take up the issue seriously by immediately venturing to the villages and districts for the election campaign instead of remaining cooped up in the capital and making contradictory statements, which does not help in the creation of a new Nepal.

Seriousness

It is high time that the eight party leaders met and chalked out the future path. Only then will they be able to convince the electorate that they are doing the right thing and exhibit their unity. Concrete action is needed at the moment to ensure that everyone is seriously interested in having the CA polls held successfully. The people are important, and this must be genuinely realised by the political parties.

Source: The Rising Nepal, August 17, 2007

Cold feet

The government has fallen distinctly short of meeting its targets outlined in the Water Resources Strategy, 2002. For instance, the strategy envisioned generation of 820 MW of electricity through hydropower projects by 2007, but the existing maximum power generation capacity is a paltry 560 MW. Another goal was to increase the share of private investment in hydropower sector to 75%. As things stand, private sector involvement is limited to very small power plants. Other areas where the government made some progress but failed to meet its targets are water supply and sanitation, and irrigation.

The strategy, say its proponents, was not ambitious (one big hydropower project would have been enough to meet the country’s power needs). They are unanimous in their view that even though the decade-long Maoist insurgency erected countless hurdles for effective implementation of their outlined plans, the failure to meet even modest targets can by and large be attributed to the lack of political commitment and incompetent leadership. As usual, Nepali political leaders and top-level bureaucrats have proven themselves ultra-efficient in making big promises but found to be developing cold feet when it came to making a real difference. Building a new Nepal starts with the readiness on the part of those occupying responsible posts in the government to change their outmoded mindset that tends to encourage rewards for producing practically nothing of substance. Old habits die hard. And yet, unless Nepali leaders and bureaucrats are weaned off the culture of exalted sinecures, carving out a new Nepal will be that much more difficult.

Source: The Himalayan Times, August 17, 2007

The bottom line

Five days of disruption in the publication and distribution of The Himalayan Times and Annapurna Post by a Maoist trade union — All Nepal Communication, Press and Publication Workers Union — has ended after Wednesday’s stay order of the Patan Appellate Court directing the union to desist from obstructing the publication and distribution. The order will remain in force pending the final decision on the petition filed by the Asia Pacific Communication Associates (APCA) Nepal, the sole marketer for the two newspapers. The stay order is based on the court’s assessment that such obstruction violates the constitutional and legal right of the people to get information. At the same time, the court emphasised the need for amicable settlement of disputes. In another encouraging development on Wednesday, the Maoist-affiliated All Nepal Federation of Trade Unions gave an undertaking that it would not disrupt the printing and distribution of newspapers and close media houses while fighting for the rights of workers. MP Salikram Jamakattel, president of the federation, said: “We will opt for other forms of protest”.

The stay order has come as a huge relief for some other media organisations, too, that are facing similar workers’ agitations. As the basis for the stay order is the public’s right to know, it should therefore imply that media owners should also respect that right, except within specific conditions beyond their control. No grounds should be provided for charges of double standards. For instance, cable TV operators have threatened to take all channels off the air if their demands are not met. In future, the kind of the recent closure of Nepal Samacharpatra for four days might also provoke public questions — and probably court petitions — about the violation of the right to know. The Appellate Court’s order has also put on the management of media houses the responsibility of “moving seriously to resolve disputes through mutual discussion, understanding and credible mediation”.

Both legal rights — the citizen’s right to know and the workers’ right to fight for their rights — should be protected. Here, understanding of each other’s difficulties and legitimate positions is the key to resolving all disputes. This means the workers should put forward reasonable demands from various angles — legality, workers’ legitimate needs, the management’s capacity to meet them and other pertinent circumstances. In fairness to the workers, the management of any company should be willing to listen to their demands and try its best to respond positively to all legitimate ones. Attention may also be drawn to the danger of complacency in this regard. The worker agitation at media houses also stresses the need for setting up an effective conflict resolution mechanism and improving worker-management relations. The bottom line is: the company should survive and go on. Otherwise, all sides, including society, would stand to lose — probably the workers even more.

Source: The Himalayan Times, August 17, 2007