Incident Reports

Citizenship in the name of either parent stressed

2015-01-11

Bagmati, Kathmandu, Kathmandu

 A discussion program on issues of citizenship in the new constitution was held simultaneously in Dhangadhi, Nepalgunj, Pokhara, Janakpur, and Biratnagar on January 10. The programs were organized by INSEC and attended by the CA members of the Party Coordination Committee (PCM) and INSEC Executive Committee members. INSEC Far-Western Region organized the program in Dhangadhi attended by INSEC executive committee member Prof. Dr. Pushpa Karna and PCM member Jitendra Sonal among others. The participants stressed that there should be a provision in the constitution of granting Nepali citizenship to any child whose father or mother was a Nepali citizen at the time of its birth. Sonal had presented a working paper on the formation of the right perspective on citizenship on which Tula Narayan Sah of Madesh Foundation had commented. The program was facilitated by INSEC Far-Western Regional Coordinator Khadak Raj Joshi. In Nepalgunj of Banke, the participants of the program pointed out a need for a provision of citizenship in the name of the mother in the constitution. Presenting a paper on legal provisions on citizenship, PCM member Arjun Thapa said the issue of citizenship was not only depended on the state discretion but that it was also an individual's fundamental right.

CA members Anjana Chaudhary and Sabartara Khanam Halwaini added that despite good provisions in the laws, the women will continue to suffer until and unless the patriarchal thinking and perspective are not changed. Saying that citizenship was an inherent right, CA member Devraj Bhar suggested the state to provide a national identity card, a better option of the citizenship certificate. Speaking at the same program, NHRC regional director Murari Kharel said that citizenship was an element of identity and fundamental rights. UCPN-M's Usha Pun also stressed the need to provide citizenship in the name of the mother while CPN-M's IP Kharel urged to understand the sensitivity of the citizenship rather than taking in as an object of fashion. Other participants including UML's Ashok Koirala, advocates Govinda Khanal and Basanta Gautam, HURON's Ganesh Regmi, FNJ's Rudra Subedi, journalist Rupani GM, third gender representative Parina Chaudhary, HimRights' Prakash Upadhyaya, Padam Pandey, senior advocate Bijay Kumar Gupta said that there should be legal provisions on the citizenship without affecting the national interest, sovereignty, security and Nepali Society. The program was chaired by INSEC executive committee member Kundan Aryal and facilitated by Mid-Western Regional Coordinator Bhola Mahat.

Similarly, in Pokhara, the participants urged the state to ensure that any child born within the Nepali territory as a Nepali citizen at the time of its birth should get Nepali citizenship as citizenship was an inherent right. They also added that the provision of the draft constitution that both parents should be Nepali citizens the time of the childbirth for this child to get citizenship by descent should be amended, grant citizenship by descent to any child whose father or mother could not be identified and tough provisions regarding the citizenship citing the threats on sovereignty posed of an open border. At the program, PCM member Khimlal Devkota presented a concept paper on the issue of citizenship in the new constitution where he said that a country should make citizenship provisions considering the history of citizenship, international commitments, and practices and impacts in other countries. Devkota said that Nepal should fulfill the constitutional and legal obligation as per the provisions mentioned in CRC and CEDAW to which Nepal is a state party further adding that the provisions should ensure equality and no statelessness while protecting the right to a nationality.

INSEC General Secretary Lalbabu Yadav said in the program that to enjoy political rights, civil rights are essential. He further said the discriminatory provision of citizenship by descent if it is in the name of the man and naturalized citizenship if it is in the name of the mother should be amended. Saying that there would a problem if the nationality is not strengthened, Yadav said that the country's executive power should be vested either in the president or the prime minister. Assistant CDO Chandranath Gautam said that the complaints of those deprived of citizenship would be addressed on the basis of rules and that the rules were devised on the basis of the Citizenship Act which in turn was devised keeping in mind the country. He further said that process of distribution of citizenship to the Nepali citizens on the basis of nationality should be simplified. UML's Damodar Bairagi, NC's Yuvraj Kunwar, RJM's Chandra Bahadur KC, RPP Nepal's Netra Bahadur Basnet, UCPN-M's Bhim Bahadur Shrish, Women and Children Office's Maina Malla, District Police Office's DSP Kedar Rajaure, WHRD's Sarala Kumari Pandey among others attended the program which was facilitated by INSEC Pokhara coordinator Shiva Khakurel. In Morang, the participants of the program on the issue of citizenship in the new constitution stressed the provision of 'Or' instead of 'And'. Shedding light on the program's significance, PCM's Dhan Kumari Sunuwar pointed out a need for further discussion as the provision on the constitution was discriminatory. A concept paper on state restructuring, governance system, local government, and election system was presented by NC Central Committee and Training Foundation director Binod Kumar Bhattarai. PCM member and UML Polit bureau member Parashuram Meghi Gurung's concept paper on the right perspective on citizenship was also presented. Hari Phuyal, an INSEC executive committee member said that citizenship should be provided in the name of father or mother. NBA's central vice-chairperson and INSEC executive committee member Tikaram Bhattarai called for an end of discrimination between man and woman regarding the issue of citizenship. NHRC regional director Koshraj Neupane, UCPN-M's Gopi Achhami had also expressed their views at the program. In Janakpur Dhanusha, the participants demanded the removal of the 'And' provision in the citizenship clause. The program was chaired by INSEC executive committee member Basanti Devi Jha where PCM member and former minister Hemraj Tated was a special guest. PCM member and TMLP central committee member Suresh Mandal presented a concept paper on the issue of citizenship in the new constitution. The program was facilitated by INSEC Mid regional coordinator Krishna Gautam. Speaking at the program, civil society leader Prof. Dr. Surendra Lav said that action should be taken against those who provide citizenship to non-nationals. Hemraj added that it was a lingering problem. Civil Society Janakpur's chairperson Murali Manohar Mishra said that there should be a single type of citizenship.

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