Earlier, the government had added a special provision on issuing citizenship certificates to those born in Nepali territory on or before April 15, 1990 as their inherent right. The sub-committee has proposed to remove this provision in the new constitution.[break]
"We finalized the issues related to citizenship in today´s [Saturday´s] meeting although some members had reservations over some points," Ramesh Lekhak, a member of the committee, said.
The CA sub-committee has proposed some new provisions for the new constitution. The sub-committee recommended providing citizenship to any foreign national who is married to a Nepali, irrespective of gender.
Earlier, only a foreign woman married to a Nepali man was entitled to Nepali citizenship. Nepali women activists and lawmakers were demanding that a foreign national married to a Nepali woman be granted Nepali citizenship also.
As per the new provision, the foreign national irrespective of gender should stay in Nepal continuously for 15 years after getting married to a Nepali citizen to become entitled to Nepali citizenship. Earlier, any foreign woman would acquire Nepali citizenship immediately after getting married to a Nepali man while a foreign man would not be eligible for Nepali citizenship just on the basis of being married to a Nepali woman.
Lekhak of Nepali Congress and Rajendra Mahato of Sadbhabana Party have opposed the proposed provision arguing that a foreign woman married to a Nepali man should be provided citizenship immediately after the marriage. But, she has to produce testimonials confirming that she has relinquished her citizenship of another country.
Any child will be entitled to Nepali citizenship if any one of the parents is a Nepali citizen irrespective of gender. At present, a child born to a Nepali man and a foreign woman will get Nepali citizenship but would be deprived of this right in case the mother is a Nepali woman married to foreign man.
Likewise, if a Nepali who has already renounced Nepali citizenship wants to acquire Nepali nationality again, he or she can repossess it after staying in Nepal continuously for five years and relinquishing the citizenship of another country.
Majority of members of the committee have proposed that a single type of citizenship certificate be provided by the central government together with the citizen´s provincial identity. But, Lila Nyaichyai of Nepal Workers Peasants Party and Chandika Prasad Yadav of Madhesi People´s Rights Forum have demanded two separate citizenship certificates -- one provided by the central government and another by the provincial government.
Nyaichyai is also against issuing naturalized citizenship certificates. "Our [her party´s] stance is that citizenship certificates should be issued only on the basis of descent," she said.
ID card to NRNs, others
The sub-committee also decided to propose a new provision for issuing identity cards to non-resident Nepalis and to those who are in the process of acquiring naturalized citizenship.
Such cards can be given also to those who are already married to Nepali citizens but have to wait for 15 years before they become eligible for Nepali citizenship.
"Once they get such cards and regularly renew them, it will help them become eligible for the right to citizenship and also help the state update records about such people living in the country," Lekhak told myrepublica.
Identity cards will be issued on the basis of marriage certificates, birth certificates or other testimonials. Nyaichyai is likewise against the idea of issuing such cards to NRNs and others.
The provisions need to be passed by a meeting of the full committee and endorsed by a two-thirds majority of the CA before being including in the new constitution.
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