Gachchhadar on January 9 had issued a circular ordering authorities including the district administration offices in all districts to provide citizenship based on descent to the offspring born before their parents acquired citizenship by birth under a special temporary provision of the interim constitution.[break]
Minister Gachchhadar also told the committee that the circular was issued following “political understanding” among various parties. “I was in a fix. I decided to send the circular in my capacity as home minister as there was continuous pressure on me to take a decision on the matter. There was allegation that I as a Madhesi leader did not take any initiative to resolve the citizenship issue,” he said.
Gachchhadar said the circular was issued after consulting major political parties as the home ministry’s proposal to make a policy-level decision on the matter was turned down by the cabinet. “There was an understanding that the children of those who have acquired citizenship by birth should get citizenship. But discussions were under way on what basis they should be provided citizenship,” he further said.
Stating that a total of 170,042 persons have received citizenship certificates by birth under the temporary provision, he argued that it was not justifiable to keep the children born between 1990 and 2006 ‘stateless’ by denying them citizenship. “The circular was issued to all DAOs taking a similar decision made by cabinet on March 4, 1997 as precedent and as suggested by the Ministry of Law and Justice,” he told the meeting.
He admitted that though there was an understanding among major parties that the issue of citizenship for such children should be addressed, there was no common understanding among parties on whether the constitution or the Citizenship Act should be amended and whether they should be given citizenship by descent or by birth.
Countering the allegation of Madhesi People’s Rights Forum (MPRF) Upendra Yadav that the Supreme Court had issued stay order as circular was made without keeping into consideration the provisions stipulated in the existing laws and constitution, Minister Gachchhadar said, “I had taken into considerations all the existing laws related to citizenship. I already knew that the Supreme Court would issue stay order,” he said.
Arguing that the problem of citizenship exists not only in Tarai but also in hill districts, Chairman Yadav asked the State Affairs Committee to study the problem and make necessary recommendations to the address the problem.
Lawmakers had strongly criticized Home Minister’s circular, arguing that there was “a conspiracy to turn Nepal into an Island nation of Fiji where ethnic population was outnumbered by immigrants”.
The committee meeting has directed the Home Ministry to provide citizenship to the children of those already acquiring citizenships by birth only after bringing necessary amendments to the existing laws. “It is a crime to deny citizenship certificates to genuine citizens.
The meeting directs the Home Ministry to ease the citizenship distribution system and provide them citizenship by following due legal procedures,” said Committee Chairman Ram Nath Dhakal.
The SAC meeting also directed the government to make central archive of citizenship certificates issued from all 75 DAOs across the country.
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