Bhutanese nationality law

The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo King King Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha, national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act."

Provisions of the Act

The first article of the Act provides its name, its date of enactment, and that it supersedes any conflicting prior laws relating to citizenship.

Citizenship by birth and by registration

The second article of the Act provides Bhutanese citizenship to those whose parents are both Bhutanese citizens. (Cf. the 1958 Act which required only that one's father be Bhutanese) This article is an example of a jus sanguinis, or blood-based, nationality law. The article guarantees citizenship to children of two Bhutanese nationals as a matter of right.

The third article of the Act provides for citizenship by registration. It provides Bhutanese citizenship for persons who show that they were "permanently domiciled" in Bhutan by December 31, 1958, and that their name was registered in the yearly Census Register. The article guarantees citizenship by registration as a matter of right to those who meet the permanent domicile and census registration requirements.

Naturalization

The fourth article of the Act provides a substantive and procedural framework for naturalization. It requires applicants to submit application forms (forms KA-1 and KA-2, requesting general biographic and biometric information) and sets forth the conditions of eligibility for naturalization. Applicants with one Bhutanese parent must be at least 15 years of age and must have resided in Bhutan at least 15 years as indicated in the census register. Non-Bhutanese applicants must be at least 21 years of age and must have resided in Bhutan for at least 20 years as indicated in the census register, except government employees who need show a 15 year residency. (Cf. the 1958 Act which required only 10 year residency for all naturalization) All applicants must demonstrate soundness of mind; the ability to speak, read, and write Dzongkha proficiently; good knowledge of the culture, customs, traditions, and history of Bhutan; good moral character without any record of imprisonment for criminal offenses in Bhutan or elsewhere; no record of having spoken or acted against the King, country or people of Bhutan in any manner whatsoever; and preparedness to take a solemn oath of allegiance to the King, country and people of Bhutan. (Cf. the 1958 Act which made no official cultural requirements)

Once an applicant's forms are submitted, the Ministry of Home Affairs conducts written and oral tests to assess applicants' proficiency in Dzongkha and knowledge of the culture, customs, tradition and history of Bhutan. The decision of the Ministry of Home Affairs on the question of eligibility for naturalization is stated as "final and binding". The government also reserves the right "to reject any application for naturalization without assigning any reason".

The fifth article of the Act requires applicants who have been favorably considered to take an oath of allegiance, with naturalization complete upon receipt of a Kashog from the King.

Deprivation of citizenship

The sixth article of the Act concerns termination of citizenship. It provides that Bhutanese citizens who acquire foreign citizenship cease to be citizens of Bhutan. The spouse and children of such persons – if themselves Bhutanese citizens – have the right to remain as citizens provided they are permanently domiciled in Bhutan and are registered annually in the Citizenship Register maintained by the Ministry of Home Affairs.

It also provides that the government may deprive naturalized Bhutanese citizens of their citizenship at any time if it it finds that naturalization had been obtained by means of fraud, false representation, or the concealment of any material fact.

It also provides that the government may deprive naturalized Bhutanese citizens of their citizenship at any time if it finds that person has shown by act or speech to be disloyal in any manner whatsoever to the King, country or people of Bhutan.

Furthermore, it provides that children of two Bhutanese parents may lose their citizenship if their names are also not recorded in the Citizenship register maintained in the Ministry of Home Affairs, having left Bhutan voluntarily and without the knowledge of the government. (Resolution No. 16 (2) adopted by the National Assembly of Bhutan in its 62nd Session).

Finally, the sixth article provides that when the government deprives Bhutanese of their citizenship, they must dispose of all immovable property in Bhutan within one year, failing which, the property is confiscated by the Ministry of Home Affairs on payment of fair and reasonable compensation.

Implementation

The first nationwide census was implemented from 1988. The largest group within the country affected by the enforcement were the Lhotshampa people; this group, a generalized term for those of Nepalese descent, comprised 43% of the total population of Bhutan in 1988 including all illegal aliens. Bhutanese security forces moved through the southern regions of the country, home to most of the Lhotshampas, forcing them from their homes and across the southern borders into Nepal. Because most of the people exiled did not speak Dzongkha, they were classified as illegal aliens, thus able to be removed from the country. In total, between 100,000 and 150,000, 1/6 of Bhutan's population in 1988, ended up in Nepal.

Aftermath

Nepal did not have adequate resources to independently deal with the inflow of refugees resultant of the citizenship act. With help from the United Nations , seven refugee camps were established in Nepal, within which 97% of occupants were Lhotshampas from Bhutan. Conflict arose between the two countries when the government of Bhutan would not admit liability for the situation, claiming that all the people in question were Nepalese citizens and thus for Nepal to handle.

External aid, provided by other governments besides that of Nepal, provides subsistence for the majority of refugees. Furthermore, several countries, such as the United States and Canada, agreed to resettle a percent of the Lhotshampas under asylum status.

Current situation

A 2003 agreement was reached between Bhutan and Nepal, allowing for Bhutanese refugees still remaining in Nepal to return home with full rights of citizenship.

However, this has gone largely unnoticed due to shifts occurring with Bhutan's political makeup. The century's old monarchical country, beginning with King Wangchuck's abdication in 2006 and his son's taking over of the throne, is transitioning to a constitutional monarchy and democratic state. Amidst this ordered chaos, the status of the Lhotshampas has been pushed further back on the political agenda.

See also

• Bhutanese Citizenship Act 1958
• Immigration in Bhutan
• Law of Bhutan
• Politics of Bhutan
• Bhutanese refugees
• Nationality law

References

• A Kingdom Besieged, Jigmi Y. Thinley 1993
• A View from Thimphu, Kinley Dorji
• "The Bhutan Citizenship Act, 1985". SATP. 1985. www.satp.org
• Giri, Brenda. "Mourning the 15th Anniversary of Crisis." Journal of Asian and African Studies, 2004.
• Spiegel, Paul. "Forgotten Refugees and Other Displaced Populations." Lancet, July 2005.
• cnn.com
• Illegal Immigration in Bhutan