Dokument #1070311
IRB – Immigration and Refugee Board of Canada (Autor)
The First Secretary at the Embassy of Nepal in Washington DC stated, in correspondence with the Research Directorate, that the primary documents used for identification in Nepal - and the institutions which issue them - are as follows (17 Nov. 2006):
- Citizenship certificates [which] are issued by 75 district administration offices under the Home Ministry;
- Passports [which are] issued by the Ministry of Foreign Affairs, diplomatic missions abroad, and the 75 district administration offices; and
- Drivers licences, [which are] issued by various zonal transportation management offices under the Ministry of Labour and Transportation, previously issued by the traffic police office (ibid.).
The First Secretary also stated that other identification is issued by "various organizations and educational institutions," without providing further clarifying information (Nepal 17 Nov. 2006). The First Secretary further said that while citizenship certificates are required to obtain passports, citizens under 16 years of age must have "minor identity cards" instead (ibid.).
The citizenship certificate establishes official identity, according to Child Welfare Scheme Nepal (CWS/N), a non-governmental organization (NGO) that has been operating in Nepal since 2000. Yet "an identity is very difficult to come by in Nepal," according to the same source (CWS/N n.d.a). Some Nepalese media report consensus among all political parties that there are "several thousands of Nepalis who have been deprived of the citizenship certificates" (Ekantipur 24 Nov. 2006; Nepalnews 26 Nov. 2006); the Nepal Sadbhwana Party put the figure at four million (People Daily's Online 27 Nov. 2006). The government reportedly does not have "any authentic figure" as to how many people in the country lack citizenship certificates (Ekantipur 24 Nov. 2006). Nepalnews reports "lawmakers" from the Terai region as blaming the citizenship problem on the previous Citizenship Act (26 Nov. 2006).
In November 2005, the government of Nepal and the country's Maoist rebels signed a peace agreement to end a conflict that had been ongoing for more than ten years (IHT 21 Nov. 2006; BBC 21 Nov. 2006). The CWS/N states that before the conflict almost every rural area had a local government office where births could be registered and where citizenship cards could also be obtained (CWS/N n.d.a). However, there are few remaining local government offices because "these were the first targets in the conflict" (CWS/N n.d.a). Among the sources consulted by the Research Directorate limited information could be found to corroborate this statement. However, the South Asia Terrorism Portal (SATP) reports that in February 2006, Maoists targeted a district administration office, a regional administration office, and all the security agencies in Dhankuta district in a "massive attack" (2006).
Moreover, The Rising Nepal reports that, subsequent to the signing of peace agreement between the government and Maoist forces, "a large number of youths" from the Doti district went to their district administration office to obtain citizenship certificates (29 Nov. 2006). The article states that it has been difficult for people to apply for citizenship certificates because of "the all-pervasive armed conflict in the district" (The Rising Nepal 29 Nov. 2006 ). Maoist youth are also reportedly "eager" to obtain citizenship certificates (ibid.).
To make it easier to obtain citizenship, the government of Nepal has approved a bill to amend Nepal's Citizenship Act (Law Library of Congress 2006). This bill was reportedly passed in November 2006 and came into immediate effect (Rising Nepal 27 Nov. 2006; People's Daily Online 27 Nov. 2006). The new law means that, for the first time, maternal descent can be used to determine a child's citizenship (Rising Nepal 27 Nov. 2006; Nepalnews 26 Nov. 2006). Previously, a child's citizenship had to be determined through his or her father, which created difficulties for female-headed households, according to Amnesty International (AI 26 July 2005). A representative of the Feminist Dalit Organization (FEDO) says, for example, that the children of prostitutes could not obtain citizenship certificates as they were unable to provide the name of their father on the citizenship application (Tamrakar 9-12 Aug. 2006).
With respect to birth certificates, between 5 and 10 percent of the population in Nepal registers the birth of their children, according to an Asian Development Bank (ADB) Senior Counsel who led a study on legal identity in Nepal, Cambodia, and Bangladesh (ADB 1 Oct. 2006). In an article published on the ADB Web site, the Senior Counsel also said that girls, Dalit children, and children born in rural areas are even less likely to have their births registered (ibid.). CWS/N comments that "it is very rare" for parents to register their babies, adding that illiteracy rates are high and many "have not been educated" about why birth registration is important (n.d.a). For example, birth records are required for students to be eligible to obtain books, receive scholarships or take national school leaving exams (ADB Oct. 2006; CWS/N n.d.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Amnesty International (AI). 26 July
2005. "Nepal: Children Caught in the Conflict." http://web.amnesty.org/library/print/ENGASA310542005
[Accessed 6 Dec. 2006]
Asian Development Bank (ADB). 1 October
2006. "Using the Law to Fight Poverty." No. 1. NPRS - PRF
Newsletter. (National Poverty Reduction Strategies - Poverty
Reduction Cooperation Fund) http://www.adb.org/Documents/Periodicals/NPRS-PRF/newsletter/documents/Interview-Caroline.pdf
[Accessed 6 Dec. 2006]
British Broadcasting Corporation (BBC).
21 November 2006. "Peace Deal Ends Nepal's Civil War." http://news.bbc.co.uk/2/hi/south_asia/6169746.stm
[Accessed 7 Dec. 2006]
Child Welfare Scheme Nepal (CWS/N).
N.d.a "Be Aware of Your Rights... Fight for Your Rights." http://www.childwelfarescheme.org/news/rally.htm
[Accessed 30 Nov. 2006]
_____. N.d. b. "Who We Are." http://www.childwelfarescheme.org/about/cws.htm
[Accessed 1 Dec. 2006]
Ekantipur [Kathmandu]. 24
November 2006. "Citizens' Right." http://www.kantipuronline.com/kolnews.php?&nid=92455
[Accessed 6 Dec. 2006]
Feminist Dalit Organization (FEDO). 9-12
August 2006. Tek Tamrakar. Paper presented at the Sub-commission on
the Promotion and Protection of Human Rights Working Group on
Minorities in Geneva, Switerland. http://www.ohchr.org/english/issues/minorities/docs/12/Feminist_dalit_organization_fedo.doc
[Accessed 30 Nov. 2006]
Law Library of Congress. 2006. No 5.
"Nepal - Citizenship Bill Approved by Cabinet." Global Legal
Monitor. http://www.loc.gov/law/public/reports/2006_glm_10-11.pdf
[Accessed 30 Nov. 2006]
International Herald Tribune
(IHT) [Neuilly, France]. 21 November 2006. Tilak P. Pokharel and
Somini Sengupta. "Maoist Rebels Sign Peace Deal in Nepal." http://www.iht.com/articles/2006/11/22/asia/web.1122nepal.php
[Accessed 7 Dec. 2006]
Nepal. 17 November 2006. Embassy of
Nepal, Washington D.C. Correspondence with the First Secretary.
Nepalnews [Kathmandu]. 26
November 2006. "Parliament Endorses Citizenship Bill." http://www.nepalnews.com/mobile/2006/nov/nov26/news11.php
[Accessed 6 Dec. 2006]
People's Daily Online
[Beijing]. 27 November 2006. "House of Representatives Passes
Nepal's Citizenship Bill." http://english.people.com.cn/200611/27/eng20061127_325316.html
[Accessed 6 Dec. 2006]
The Rising Nepal [Kathmandu].
29 November 2006. "Youths Flock to Doti for Citizenship After
Peace." http://www.gorkhapatra.org.np/content.php?nid=7189
[Accessed 30 Nov.2006]
_____. 27 November 2006. Prakash
Acharva. "House Passes Citizenship Bill Historic Act Comes into
Immediate Effect." http://gorkhapatra.org.np/content.php?nid=7064
[Accessed 6 Dec. 2006]
South Asia Terrorism Portal (SATP).
2006. "Major Incidents of Terrorist Violence in Nepal, 1999-2006."
http://www.satp.org/satporgtp/countries/nepal/database/majorincidents.htm#
[Accessed 6 Dec. 2006]
Additional Sources Consulted
Internet sites, including:
Bangkok News, Citizen Journalism Nepal, Government of Nepal,
The Himalyan Times, Inter Press Service, Kanunisanchar,
Law Nepal, Factiva, Rights and Democracy, South Asia Analysis
Group, Office of the United Nations High Commissioner for Human
Rights (OHCHR), One World South Asia, UNICEF, United States
Department of State.
Information on the various identity documents in Nepal and the names of the agencies that issue them [NPL102070.E] (Anfragebeantwortung, Französisch)