Wednesday, May 21, 2008

Nepal: Citizenship certificates on sale in India

तग - माय २२ 2008
Reports have that Nepal’s bordering Indian towns have become favorable place for openly buying and selling Nepali citizenship certificates.

“Nepali citizenship certificates are openly on sale in the Indian towns such as Pani Tanki, Jogbani, Islampur, Raxaul, Gorkahpur and Pilivit”, add reports।


“Hoarding boards printed with Nepali Citizenship certificates available here” could be found in every nook and corner, say Nepali citizens who have come home via those towns in the recent past।


After the ratification of Nepal Citizenship Bill-2063, the caretaker government of Nepal had ordered the ministry of Home Affairs to print 78 Lakh copies of citizenship certificates, say reports adding that the “certificates were printed in India”.

However, Ministry of Home Affairs informed that only 40 Lakh copies of citizenship certificates were printed and distributed by a mobile team of the government officials to the Nepali citizens based in Terai।

The remaining 38 lakh citizenship certificates are reportedly missing।


With inputs from Jan Dharana Weekly dated May 22, 08.2008-05-22 08:18:29

Friday, December 14, 2007

NEPAL: PRO-ACTIVE EFFORTS NEEDED TO PREVENT OUR LANDS FROM INDIAN INVASION

OPINION Buddhi Narayan Shrestha, Border expert
http://www.telegraphnepal.com/news_det.php?news_id=2502

Ex-Director General of the Department of Survey and Managing Director of Bhumichitra (Mapping and Land Development) Company P. Ltd, Buddhi Narayan Shrestha possesses profound knowledge on the technical issues related to boundaries that divide Nepal with India and China. Apart from authoring some four books including Boundary of Nepal, which was recognized with highly prestigious “Madan Puraskar in 2001”, he has published numerous articles pertaining to technical aspects of border issues.

In his interview with The Weekly Mirror, Shrestha divulges his opinions regarding the Nepal-India border disputes and the possible ways to resolve them. Excerpts.

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Q1. According to reports, Indian nationals have been increasingly encroaching Nepali territory in Susta. What is your view in this regard?

Shrestha: The Narayani River has been taking the westward course changing the geographical contours of Nepal due to floods in rainy season. Till date, the River is estimated to have taken the westward route by leaving some 14,000 hectares of land towards the Indian Territory.

The Indian nationals have been capturing the land created due to change in the course of the River. They are fallaciously claiming that the River is the actual border mark and the part left by the River naturally belongs to India. The Susta border row was stemmed from this reason.

Another reason is that the British India erected the border pillar that is located in the eastern direction from Tribenighat which lies in the northern part of Susta. Then, they also erected boundary pillar in Sagardinha that is situated in the south-west part of Susta.

The Narayani River represents 24-km long route from Tribenighat to Sagardinha as a border point. The problem would not have been created if the boundary pillar was erected in the Narayani River as in the Mechi River. So, as the River took a new route, the border problem was created.

Not to be underestimated, the Susta border problem has also much to do with the Indian nationals who are increasingly encroaching Nepali territories due to the alarming surge of population in India. Some Indian political parties are also responsible for aggravating the problem. For instance, a certain number of political parties in Bihar are assuring the concerned voters that they would provide them with a piece of land in Susta if they cast vote in favor of them. Especially, the leaders representing the Bharatiya Janata Party (BJP) have promised to provide their voters a certain portion of land of Susta. The SSB is also encouraging the Indian nationals to capture lands in the area.

The imprudent construction of Gandhak barrage has also proved inimical to Nepal. The flow of the Narayani River was diverted towards Nepal during the construction of the barrage. And, even after the completion of the barrage, the River began to take the diverted course instead of the original one in rainy season. Now, the River is increasingly taking westward route occupying Nepali land.

Q2. The Narayani River has been considered as a demarcation line between Nepal and India as per Sugauli Treaty. In this light, is not the treaty per se an obstacle?

Shrestha: First of all, we need to figure out the course the Narayani River had taken during the time of Sugauli Treaty. That can be done by investigating historical documents and maps. After accomplishing this task, there should be re-demarcation of the border between Nepal and India.

Q3. Are there such documents and maps now?

Shrestha: Yes, there are such maps and documents. However, India is not giving recognition to the maps and the documents presented by Nepal and vice versa. I think both the countries should reach to a concrete conclusion in this regard as soon as possible.

Q4. What is the viable way to distinguish original maps from fake ones?

Shrestha: Only the maps verified by the registered authorities of either of the two countries at that time can be taken as original ones. India has failed to produce credible maps. But, Nepal has produced the maps prepared by the Department of Survey. The maps presented by Nepal were finalized in 1993-94. Our maps, indeed, hold more authenticity since they were sketched in technical collaboration with Japan International Cooperation Agency (JICA) by way of taking aerial photographs.

Q5. Both sides are refraining themselves from complying with the maps produced by each other and in Susta area Indian population shockingly outnumbers the Nepalese. Isn’t it posing a grave threat to Nepal’s territorial integrity as a whole?

Shrestha: It is high time we made pro-active efforts to prevent our lands from being invaded by India. If we go for field study, it will be clear what course the Narayani River had taken in1816, the period when the Sugauli Treaty was signed between British India and Nepal.

Although the River has already changed its course, we can still trace the previous course of the River at various places.

Indian peasants have been occupying the areas left by the River and the Indian technical team has always remained reluctant to conduct field study to find out the actual route of the River in the past. And, their reluctance, of course, is not hard to comprehend.

Q6. That means they are scared of the truth that could be unearthed after the field visit.

Shrestha: Probably yes. Nepal-India Joint Technical Boundary Committee has been working for the last 25 years to reassess the border demarcation. We had constituted a joint team for inspecting the border points of Susta area some six years ago. As per the decision of the Committee, Nepali team reached in Suasta in the scheduled time period but Indian team failed to arrive in the area for more than two weeks without giving any reason. Right after Nepali team returned back to Kathmandu the Indian team reached there.

Q7. Did the Indians deliberately fail to arrive there?

Shrestha: Of course, the Indian team intentionally did that, otherwise, there was no need for Indian team to reach late without informing Nepali team.
At times, they have also postponed the fixed meetings with an intention to avoid objective findings that could have been unearthed through the conduct of field survey.
Q8. You have mentioned in your book ‘Border Management in Nepal’ that India claimed certain areas of Mechi as its own territory as per the fixed border system. But, India has been insisting on fluid border system in case of Susta.

Shrestha: What should be well understood is that the three principles have been propounded for demarcation of boundary. They are Thalwakes, fixed boundary and fluid boundary principles. Thalwake principle stands for recognizing the deepest navigation channel of the River as a border line irrespective of what side the River is navigated deeply. The fixed boundary system propagates for identifying the actual route of the River during the period when the treaty was signed to mark the border line. Lastly, the fluid boundary principle is all about acknowledging the changing course of the River as the border line between the two countries. As far as the demarcation of border line between Nepal and India goes, the fixed boundary principle has been adopted as per the Sugauli Treaty. In fact, the meeting of the Joint Technical Boundary Committee held in 1986-87 had decided to adopt the fixed boundary principle to monitor the border lines between Nepal and India. But, in case of Susta, India is reluctant to act in line with this principle.

Q9. What efforts Nepal should make at both political and diplomatic level?

Shrestha: The joint technical team, which has been working for the last 25 years, has failed to solve the border row. However, the team has solved every technical issue. The team has solved 97 percent of the border related technical problems but the remaining 3 percent must be addressed at political and diplomatic level. The three percent border problem consist the areas like Kalapani, Limpiyadhura, Susta, Thori etc. There have been claims and counter-claims on 60,000 hectares of land, of which Kalapani and Susta areas jointly occupy a major portion.

Q10. Do you sense any political motive behind the ceaseless encroachment of Nepali territories?

Shrestha: It is not that India will grow much bigger by capturing some hectares of Nepali territory as it is already a giant country in terms of geography.

Undeniably, this problem is linked with India’s hegemonic attitude.

In addition to the case of border dispute, the hegemonic attitude of India is conspicuous in the areas of irrigation, commerce and construction of water dams. Nepali authorities have been repeatedly urging the Indian side to recede from the encroached lands. Appallingly, India has turned deaf ears to the pleas of Nepali side.

Q11. It seems that India has been maliciously unleashing its expansionist drive whenever Nepal faces instability.

Shrestha: This argument is not totally bereft of substance.

When Nepal undergoes the phases of crucial political changes, India is found to have made attempts to fulfill its vested interests.

Indian nationals seized some 125 Bigaha of Nepali lands in Susta in the same day when the date of the Constituent Assembly (CA) election was scheduled.

I don’t know if it is a calculated move or not.

Similarly, it may be recalled that during the referendum of 1980, Nepal had to suffer a massive deforestation in the bordering areas. And, India ventured on blatant encroachment of the deforested areas during the period.

Q12. How serious have you found Nepali leaders regarding the gross border encroachment?

Shrestha: The main reason behind the continuous encroachment is the tendency of Nepali leaders to satiate their gluttonous appetite for power with the backing of India. So, they are flippantly overlooking the crucial issue of border encroachment. It is quite obvious that the Panchayat regime also remained mum over the illegitimate occupancy of Kalapani area by Indian soldiers.

Apart from the high ranking government officials, the palace was also aware about the unscrupulous occupancy of Indian soldiers in Kalapani.

Unfortunately, they silently supported the invasion of Indian soldiers by remaining inert.

Although the government officials deployed in Darchula district often informed the government and the palace about the invasion, the then government didn’t take any step to shield the territory of the country.

After the restoration of democracy in 1990, India is grossly indulging itself in encroaching Nepali territories in many places.

Unfortunately, the series of Nepali governments has shamefully failed to make any serious efforts to preserve the country’s territorial integrity.

Q13. Do you think the traditional provision of 'open border' between India and Nepal till holds pertinence?

Shrestha: Given the changing modalities of international as well as cross border terrorism, the concept of 'open border' has really lost its relevance. Instead, the 'open border' has only propelled the criminals to carry out their nasty activities.

It goes without saying that the smuggling of goods being carried out by capitalizing on the porous border between Nepal and India has severely affected the revenue collection of Nepal.

Furthermore, Nepali women are being trafficked to Indian brothels through the open border. Notably, the criminal elements took advantage of the open border to unleash Gaur massacre as well as to terrify Kathmanduties by exploding bombs in Kathmandu recently.

So, it is highly imperative to devise certain mechanisms to regulate the open border between the two countries.

Q14. Don’t you think the introduction of regulatory mechanism in the open border areas can be problematic to people residing near the areas?

Shrestha: There are myriad options to regulate and systematize the border. The best option could be to introduce identity card system. As per this system, only those who can produce identity card issued by their country will be allowed to cross through the border area.

The people residing across the border can be given special cards through which they can enter the neighboring country’s territory as per their requirements.

Another option could well be to fence the border areas with barbed wires by establishing 180 checks points. This system can go a long way in controlling cross border terrorism as well as preventing increasing encroachment by India. The next option is to deploy police and army personnel in the bordering areas. Nepal has mobilized Armed Police Force (APF) personnel numbering around 4,000 along the bordering areas. The number is far less than India which has mobilized around 36,000-strong SSB force along the areas. Nevertheless, I don’t think mobilizing the army across the border is the only remedy to rampant cross border terrorism, smuggling and encroachment of Nepali lands. Of course, the idea of demilitarized zone across the border can well avert possible military confrontation between the two countries.

2007-12-14 17:07:28

Monday, May 28, 2007

THE UNTOLD PAINS OF NEPAL

http://telegraphnepal.com/news_det.php?news_id=1063

By Dr. Shastra Pant
Introduction

1. Both India and Nepal are independent and sovereign countries. The unique relationship between these two countries is based not only on a diplomatic and political level but also on the level of common people.

The geographical proximity holds a unique significance as Nepal lies on the southern slope of the Himalayas and all the rivers from Nepal flow towards India. Thus, it is customary to have more transactions in industry and trade sectors because of geographical structure.

2. India is Nepal's closer neighboring friend. Nepal is one of the most beautiful nations located on the southern sunny lap of the Himalayas, stretching from east to west. It is sandwiched between the Tibetan autonomous region of the People's Republic China in the north and the Republic of India in the south, east and west. Nepal is only the Hindu kingdom in the world having equal respect to all religions, traditions and cultures.

3. Though India is a good friend, Nepal feels dominated in several issues. The issues in brief are stated below. The issues that Nepalese are facing are untold stories of Nepal that any government in power does not venture to express to the fellow friends of the world. Even NGOs, Journalists, Civil Societies and communities Development Organizations do not dare to express openly and freely due to many reasons. When Nepal is in a weak and fragile state it is exploited ruthlessly. For example when Nepal in these days is in a movocratic rules, extreme conflicts and terrorisms a road is being constructed by Indian BSF in Nepali territory in the Susta area in central Nepal. So were grabbed Nepal's water resources and many other things during critical political and administrative situations.

Territorial issues

1. Open border

The peace and amity treaty of 1950 proposes an open borders system between two countries. Because of the open border, the citizen travels from one country to another without visa, and without any record in spite of the problems created by the open border; India is not ready to resolve it. India is willing to continue open border even at the cost of its loss. It is India's vested and vile interest.

The open border has resulted in various problems. Social evils are enlarging day by day. Let me trace some of them in brief.

Nepal has been the centre for various kinds of Indian criminals (smugglers, embezzlers and dacoits), who frequently break law and order by creating turmoil. Them taking shelter in border area intensifies theft, robbery, killing, and looting in Nepal. Such criminal activities cause harm to every national and local election and thus weakening democratic practices in Nepal. The BSF gives security to the criminals, who freely carry out their activities and give trouble to Nepalis. The month long mass rape in several VDCs, including Biratnagar Municipality, in 2005 can be taken as a glaring example. When internal terrorism is high the same ratio is covered by the Indian criminals of all types.

Since BSF built the border road, the border area has turned into the dwelling place for Indian criminals, who freely enter Nepal and create havoc by looting and killing. Therefore, Nepalis don't want to live near the border areas. The land thus becomes easy to encroach. Indian citizens, taking advantage of security forces, are involved in border encroachment, construction of houses in the No Man's Land and agricultural activities.

Indians steal domestic animals, smuggle timber and wild animals, rob personal property, and misbehave Nepali women. These criminals do get indirect support from the Indian officials.

Open border has been one of main causes of the destruction of forest, firewood, and the smuggling of natural resources such as timber, herbs, rare animal, and birds.

In India, in every five minutes a female is tortured, kidnapped, or raped. In every four minutes, a female is burnt to death. Such criminal activities have grown by 37 percent. However, the concerned authorities show apathy in these cases. Every year, 3 to 5 thousands lives are killed, including the known and unknown. Moreover, Indian criminals commit murder in India and throw the dead bodies into Nepal's territory.

Many Indian frauds come to Nepal and cheat people with the temptation of changing brass into gold and a hundred rupee note into thousand and much more. Fake Indian doctors, Indian teachers with fake certificates, the jyotishis (fortune tellers) cheat simple and ordinary honest Nepali every day.

Nepali youth with the temptation of sending them to America are cheated and looted. Indian on the name of films, trickster, conjuror, fortuneteller and saints frequently cheat Nepali. Fake Indian Finance Companies cheat people. Indians engaging in the collection of waste materials promote theft.

Smuggling of drugs, weapons, counterfeit currency, trafficking of children and women are rampant. Indian smugglers are more equipped and stronger than police force. Thus, rascals, smugglers and criminals control over border areas.

Because of open border, thousands of Nepalis young children are sold in different brothels and circuses of India for prostitution and child abuses.

Nepal has become the centre of large number of lower middle class Indian smugglers after 1990. They help produce Hemp in Nepal. Drug smuggling has deprived the character of some Nepalese Youths.

While importing and exporting goods from third countries, Nepali businessmen suffer from the frequent attack of Indian robbers. Black marketing also occurs in a higher level. Goods disappear without a slight break on the seal of the container or the keys. The theft is committed so aptly that by doing cutting welding and painting so that the goods owner can't claim insurance companies. Resultantly, Nepalis businessmen have to bear the loss of millions of rupees, and thus become bankrupt

It is estimated that 35, 00,000 Indians do job permanently, and 10 to 15 lakh seasonal labours enter every year. They are involved in the activities like smuggling, adulteration, production of low quality goods, theft, cheat, sale of contaminated foods and other useless materials.

Indians mix sand with cement, stones with rice, inedible materials with ripening fruits, sell venomous vegetables, curd, milk, and butter and put ISI mark on un-qualitative hardware materials. Adulterate tobacco items and wine, poisonous mustard oil, causing jaundice, goitre, and effects on kidney and lungs. The unequal treaty of June 10, 1990 between India and Nepal allowed Indians vehicles to come to Nepal freely, whereas restricted Nepali vehicles, and thus resulting black marketing. Supplies of low quality goods including medicines, pesticides fertilizer have caused great harm to agricultural products. Thus, people's lives are at high risk because of adulteration.

The rejected venomous oil, mixed with agrimona causing dropsy in India was allowed to sell in Nepal. Similarly Paper Money/Cash Smuggling and Counterfeit Currency in Nepal are common business by Indians. They print and sale the fake note of hard foreign currency. Nepal has become secured place for the smugglers to label and export Indian banned products into third countries. India has more than 100,000 institutions from primary to university level to make fake academic certificates. More than 100 people enter Nepal every day illegally for those fake actions.

India produces illegal weapons and exports in Nepal easily. Maoist could flourish due to this reason. The smuggler, supply home made and sophisticated arms, explosives as well.

Some of the hired hoodlums, especially from Bihar and Utter Pradesh of India, make frequent explosion in Nepal. They bomb, capture booths in the general elections and damage public properties in time of bandh, strike or strife.

Therefore, Nepal prefers settlement on border problems as was done with China. As in accordance with the agreement, similar treaty can be made with India. India even does not like to talk about this issue.

2. Encroachments

In one way or other, the problem of border encroachment lies on almost all the places that are linked with India. However, so far the encroachments are noted in 85 places in 21 districts.

The Indian side has uninterruptedly conducted the activities like moving or breaking the pillars, smashing, ruining, transgressing and encroaching in settlements.

Border pillar is the guard of national integrity, evidence of frontier. If the inanimate evidence based on truth is destroyed by deceitful living being, there enters injustice, immorality, wrong principle of the primitive age that "might is right". This theory goes against and has been used against the meaning of the words like individual freedom, human right, democracy, liberalism, globalisation, liberty and so on.

Border pillars are constructed in the presence of both countries but are destroyed unilaterally and secretly. Rather, rivers change their courses occasionally and create problems, but pillars are the signs that are free from all these troubles. No change of such signs could be made unilaterally.

Besides, encroachments of the No-Man's Land by the Indian side have been intensified in different places these days. The Indian armed police involve to removing the concrete structures built in the No-Man's Land. The border has been encroached through tacit understanding between the Indian officials and police personnel. The civil officials have also provided security to them. The Indian Government has built a consulate and a customs office in the No Man's Land. India erects overnight artificial pillars, bent on creating the third No-Man's Land in several places inside Nepal. One who goes there for study may find himself in confusion.

Such incidents occur more in the remote places of which the common people remain uniformed. Signs erase when no news comes for years. This is such a burning example of India's vile tendency. The border pillars are moved, removed, changed, and uprooted. Many pillars are destroyed without leaving any traces of them e.g. Indians have relocated the border pillars 3.5 km north of the Indian Territory into Nepal at Susta. The Indian border security forces also remove the border pillar No. 33 from the Sirsiya. The joint team has already met 25 times? But the encroachments remain as it is.

A decision made on July 6 1966 to avert border encroachment by making settlement free zone up to three kilometer on both sides of the border, India is ignoring. If the things as they stand now continue to exist? there will be no meaning of erecting and updating border pillars in the days to come.

3. Water Loggings

The large and long rivers like Koshi, Gandaki, Karnali, Mahakali, which come from the Himalayans, are logged by the central government of India and protects its property, people, land, and settlements in its territory by making afflux bund from the both corners of river. Because of the afflux bund constructed without consulting Nepal on the Indian side, Nepalis areas are water logged and flooded. Millions of property is ravaged. If India does not construct afflux bunds, the water can flow freely in natural form and Nepal does not have to become flood-affected area.

The second types of rivers emerging from the Mahabharat Mountains of Nepal enter India passing through the Terai region of Nepal piercing Chure hills are dammed by the state governments of India. They tamed for irrigation by constructing dams near the border of Nepal on the side of India.

The third types of rivers originating from the Chure hills having sufficient water during monsoon are taped by the local /district committee, Gaun Panchayast, consumers of India. This has assisted in swamping Nepal and irrigating India.

The wave of the river not only erodes the both edges of the river but also floods and swamps Nepali lands. The river erosion, for example, the dam of Bagmati alone affects 37 VDC/Municipalities. So are the hundred of cases in the southern bordering areas.

Water logging turns all the settlement areas and agricultural lands into sandy bank. People are forced to lead a life of refugee, losing their homes and villages. Many people and domestic animals die, and food grains become useless. Because of the water loggings approximately parallel to the borders, the river's water turns into pool and the pool further erodes Nepali land. The river ascends more and more, and that area becomes swamped. Thousands of hectares of crops are under water. It becomes difficult to cross the river. It also swamps houses and farming lands. The Nepalis people living in the border area spend miserable life during monsoon.

4.Greater Nepal The Nepali territory prior to the Sugauli Treaty (called the border problem of greater Nepal) had to be returned to Nepal. Because of the Sugauli Treaty of 1815/16, Nepal had to condense its larger territory to a smaller one. It was extended up to Tista River on the East, to Kangara across Sutlej River in the west, to the confluence of Ganga and Jumuna River in the south, touching the present day Bangladesh in the east.

The area of the Bishal Nepal is reduced from 2, 04,917 to 1, 47,141 square kilometer. India yet has to return 57,776 sq. km. to Nepal after 1950 treaty of friendship.

Nepal contributed a lot in the World Wars to make the English an empire. However, the British constantly betrayed Nepali people. They sliced a greater part of Nepal and annexed it in India. They also insincerely and treacherously departed without returning Nepali land to Nepal. The Sugauli Treaty of the time of the British is the only base for determining border which the 1950 treaties with India and Britain cancels all prior agreements including Sugauly Treaty. It means Nepal has right to occupy all areas before Sugauli treaty. It is not a begging but a legal right, if an understanding is made between the three countries, the real Nepal before Sugauli Treaty, is the real Nepal. As soon India knew the practices of Four Finger Theory.16, it absorbed Sikkim against the norms and values of treaty, agreement, Act, morality and good neighborhood.

Hence, it is necessary to reanalyze and interpret the Sugauli Treaty of 1815 ratified in 1816 and 1950's Amity Treaty to get lost territory back from the grip of India.

India as in the case of Kalapani to these days absorbed the Bagdogra - Galgalia lying between Nepal and Bangladesh by deploying its troop, fearing that Nepal will take back.

Nepali Congress Government rejected Ghising's proposal of greater Gurkha Empire, instead, Nepal's Counselor General in Kolkotta conveyed statement to West Bengal's Government.

Land has been kept haughtily by India as done by Iraq to the case of Kuwait calling it its 19th state. One needs to analyse the history of Nepal and India and the treaties and understandings held between the two countries to understand how the above- mentioned land absorbed by India belongs to Nepal.

Nepal has abundant historical evidences to claim greater Nepal. For instance, in 1959, Mr. Nehru, the former Prime Minister of India, paid his visit to Nepal and agreed to amend trade treaty of 1950. He also agreed to remove Indian check post from Nepal. Nehru quotes, "Dehradun, Kumau and Nainital, Simla are the territories of Nepal which were once captured by the British." Author E.C. Kojl in "Brief Dictionary of Darjeeling" writes, "All these territories belonged to Nepal.18

British-India forced Nepal to sign the Sugauli Treaty, fearing that hill area war trained Nepali troops would expand their kingdom from the Brahmaputra River in the east to Pamir in the west. The objective of the Sugauli Treaty was to discourage Nepalis to make war so that they could not expand their kingdom the east of Tista and the west of Satlaj.

The Section 8 of the 1950 treaty has cancelled all the treaties, letters, and letter of agreement before the Sugauli Treaty. The dismissal of this treaty suggests that the territory before the Sugauli Treaty customarily belongs to Nepal.

The British signed the Sugauli Treaty evasively to prevent Nepal from galvanizing Sikkim, Assam and other states. The section 6 shows that the eastern border of Nepal is the Tista River before or after the agreement on the Sugauli Treaty. The Section 6 was included in the treaty to preserve Sikkim from the encroachment of Nepal.

The Titaliya Treaty between East India Company and Sikkim, the letters of treaty between British-India and Nepal regarding the return of the western Terai have justified that Darjeeling is inseparable area of Nepal. Similarly, the treaty held between East India Company and Bhutan on April 4, 1779 and the latest treaty of August 8, 1849 also justify that the territory from Mechi to Tisti lies in Nepal. Hence, Indian in accordance with the Article 1 (3) (C) of its constitution had not included this area including Darjeeling in India.

The 1947's Darjeeling Committee of the then Unified Indian Communist Party (ICP) had provided the Indian Constitutional Assembly with the decision of constituting independent 'Gorkhasthan Nation' by integrating Darjeeling, and Sikkim in Nepal. This document elucidates the article 1 and 8 of the above-mentioned 1950 Peace Treaty.

The Section 2 of the treaty India should have gradually returned the lost territory to Nepal. The section says, "The British Government declares that the whole low lands lying between Gorakhpur district and the Rapti River, and the whole low lands lying between the Kali and the Rapti river belonging to the Rajahs of Nepal prior to the Sugauli treaty and later to the British Government will be returned to be the sovereignty of the Royal of Nepal". India had made decision to return the territories to Nepal on November 1, 1860. The Sugauli Treaty was not ratified even after the ratification of the treaty with Sikkim. Without the ratification of the understandings and treaties held are naturally invalid. India's not giving validity to every treaty without ratification but the Sugawli Treaty is itself paradoxical.

The Section (8) of 1950 amity and peace treaty nullified the Sugauli Treaty. Therefore, Nepal has right over Darjeeling and other lost territories before the Sugauli Treaty whether there had been the Section 8 of 1950's treaty or the treaty itself.

The lost territories of Nepal were on lease as to the case of Britain, which as had taken Hongkong on lease with China. The phrase 'in perpetuity' was mentioned in the Hongkong Treaty signed between Britain and China. The term 'in perpetuity' is also included in the Sugauli Treaty. It gives the sense of the expiry of the treaty between two agreed countries after one hundred years.

Company Government had promised to pay yearly a tributes of two lakh rupees in return for the land taken on lease in accordance with the Section (4) of the Treaty. According to the section 9 of the same treaty, India in perpetuity gave the possession of its Praganna district (Now called Vijayapur district) to Nepal; India took back the territory, taken under the same provision.

The chief motive of signing treaty between Nepal and UK on October 30, 1950 A.D. was to give back the Nepali territory annexed into India. It is written on the preface that the Kathmandu Treaty of December 21, 1823 is not applicable because of the recent establishment of the two independent states India and Pakistan. Both Nepal and Britain signed new treaty and agreed on the following section.19

Therefore, the proposal of the restoration of greater Nepal is neither new nor unusual nor against international laws, treaties and agreements. In addition, the undecided question of greater Nepal is necessary to analyze and identify the absurdities created by open border.

1. India wants to keep the immediate neighbouring countries under its influence and lordship to show that it is a powerful nation. It wants the neighbouring countries to vote on behalf of India in every international forum and organization, including UN. But Nepal wants to free itself from the lordship, suppression and neo-colonial domination of India, and to consolidate its sovereignty, and to restore position existed before the Sugauli Treaty. India also wants to keep Nepal under its military nexus and defence strategy. But Nepal denies remaining under that shade and strategy. Nepal wills to protect and formulate its own defence strategy.

2. Like Nepal, the present India is the unification of dozens of small free and independent kingdoms and principalities. The English people, having entered India founded a greater India by integrating those small kingdoms and principalities. In this sense, India is highly indebted to the British. Besides, the British-India, frequently waged war to absorb Nepal. However, they had to bear defeat in every war. India even after the abandonment of the British did not abdicate its colonial activities. Consequently, Goa, Daman, Dyuk, Hydrabad, Zammu, Kasmir and Sikkim were annexed in India. Fortunately, Bangladesh became an independent nation. Bhutan has been semi-colonized. Because of India's colonial trend, it views Nepal negatively.

3. India, born in 1947, quite younger to Nepal intends to treat Nepal as a big brother, treat Nepal as its handmaid, tame Nepal by imposing blockade unilaterally so on so forth. Indian behavior shows Nepal as the tributary state of India. Nepal totally denies and hates this bureaucratic attitude of India. India wants to sympathize Nepal, whereas Nepal wants to establish its right.

4. Nepal wants to keep India and China in equal distance, and to treat both the countries equally. India wants to keep an uneven distance with Nepal that is special proximity.

5. Bhutan, though, is an independent, sovereign and monarchical country; the people in there who demanded their democratic rights had to tolerate subjugation, oppression, exploitation and torture. When the Bhutanese Nepali found their lives in risk, they entered India for political refuge. However, India drove them towards Nepal in trucks. Autocracy Bhutan is getting protection from India. Because of strong stand of Nepal, it deployed force to quell it. In fact, Nepal has made better democratic exercise than Bhutan.20 India, by driving two lakh Bhutanese refuges (one on and one off the record) into Nepal, India did justice neither to Nepal nor to the Bhutanese refuges. Analysts view that Bhutan is next to Sikkim in the Indian grand design. Nepal denies such injustices.

6. India learned the art of colonization from Britain and it has been practicing the same old technique.

7. India transports cheap literature and films to Nepal that corrupt the habits of people, degrade morality and displace its own culture. Such things that come to Nepal freely not only degrade Nepali people but also transfer their wealth to India. These practices have been given encouragement by some Dorjians and protected by the Indian embassy.21

8. India wants to transfer its citizens to other SAARC countries in order to take relief from its over-population burden. It also wants to transport the homeless poor, illiterate and beggars to its neighboring nations. When there is no place to transfer Indian population, India puts electric barbed wire fence in its borders, and where there is still possibility of intrusion like in Nepal denies.

9. India suffering from colonial trend has got its Slave Mentality wants to impose upon Nepal. Because of such colonial trend, Nepal does not have back its lost territory from its grip so far.

10. India usually dishonours the sovereignty of Nepal and imposes its decisions on Nepal. India decides unilaterally be a matter of blockade, the deployment of military force or armed police or the arrest of any special persons in Nepal, border disputes, water loggings, barrages and dams construction can be taken as examples.

11. India, taking the advantage of sincere behaviour of Nepalis, misbehaves frequently. However, Nepali always views India as fellow nation.

12. Nepal Government gave some land on lease to India to construct Koshi Barrage at Sunsari district. But India did not return it even after the decades of expiry of lease date. Neither India closed the project office, nor did it return the land. Neither had it signed any agreement, nor did it get the project renewed.

13. India built the Koshi, Gandaki, Mahakali Barrages only for its benefit. If the dams had been constructed inside foothills of Nepal sufficient electricity would have been produced. Moreover, the arable land of the Terai belt of Nepal would have been irrigated and Nepal would have controlled the main grid.

14. Because if its ill-will attitude only Indian encroach Nepali territory. It is one of the harassing factors to Nepal. While people were protesting against the encroachment of India by the bank of Mahakali River in the west, Indian surveyors erected border pillars in Bhadrapur Municipality in the east to harass. Thus, unlike China, India has not shown gentleness and positive attitude to its neighbouring countries. Though the Central government may not be involved directly in activities such as disappearing border pillar, encroachment of territories, inundation, water logging, and many other offences, but it never takes any effective step to stop these activities.

15.Nepal wanted to implement the system of work permit to its citizen India went against of that.22

16.The Bhutanese democratic leader Rongthong Kinley Dorjee, relating to Bhutanese refugees in Nepal, reached Delhi to make political compromise under the mediation of India. Meanwhile, the India Government apprehended and put him to jail against the norm of democracy and human rights dishonestly. While terrorist declared Maoists were mediated and asked them to treat as democratic political forces. Weaker should tolerate the injustices? Nepalis have to bear India's domination because it is smaller in size and weaker in power.

17. Mechi and Mahakali people do not have place even for their last rites and for their pilgrimage. India has created turmoil all around borders. Every Nepali should be ready to dedicate their lives to prevent Nepal from the encroachment of India. Thus, India has hurt the self-respect of Nepali people.

1. Continuous Interference

Nepal has been subjected to the incessant interference of India right after the 1950's amity treaty between these two countries. It will be impossible for Nepalis people to have their economic and social prosperity, make their own plans and decisions themselves by preserving their sovereignty.

1. India had already blocked the border for two times in the past. A political change was imposed into Nepal. The agreement made on the 10th June of 1990, interim government grabs economic, employment powers. An assault on Chinese technician in 1998, and the Baneshwor episode illustrate the direct interferences of India in Nepal.

2. Nepal intends to establish its own distinct identity by thriving national integrity and prosperity. On the contrary, India wants to assimilate Nepal in its rituals and culture. In this way, it puts many obstacles to deprive Nepal from being united.

3. Nepal wants to prosper its democratic culture. But India remains remission to it. That democratic system of India is to keep Nepal under its grip. For India, Bhutan is a democratic country having human rights and freedom of press (where no private press is r registered) while Nepal, Bangladesh and Pakistan has not, because India says so.

4. Nepal believes that the responsibility of a country with seaport facility is to provide landlocked country with easy access to the nearest seacoast. Unfortunately, India stands against it.

5. Nepal wants to trade the needed arms and ammunitions as other miscellaneous objects. But India expresses repugnance against this strategy.

6. Nepal is the country having various castes, complexions, religions and cultures. The amalgamation of all has constructed the Nepali nationality under the aegis of crown. Nepal is happy under its own condition but India is trying to give rise of communal tension by instigating the people of different regions and ethnic groups.

7. India shows its domineering behaviour to all its immediate neighbouring countries. For instance, during the informal visit of the Chief of Indian Army Shree Bipinchandra Joshi to Bangladesh, two aircrafts of Indian army had illegally and forcibly entered in the Lal Munighat area of Bangladesh.23 Likewise, Indian army had also forcibly entered in Sri Lanka and Maldives, and not to mention about Sikkim.

2. Political game plan (Interference):

1. RAW has taken its roots in Nepal by taking advantage of open border. The activity of this organization can be seen in Nepali politics and administration. Nepal's political leaders think that they cannot reach power without the support the RAW. Because of open border, Indians freely enter Nepal and acquire citizenship. This situation will result in minority of Nepali people in near future. While Sitaram Yachury/other Indian nationals were welcome as the head of the nation in Nepal's decade old non-elected parliament in April 2006, at the same time the so-called SPA had prohibited the MPs of the same category to inter the parliament because India said so. So was done by Mr.Chandra Shekhar and Swami Subrmandyam in the 1990 political change.

2. India citizens in some cases should take prior permission to move from one state to another. However, Indian police and army men in uniform and armaments forcibly enter Nepal, violating the norms of a sovereign nation.

3. Bullying and harassing are being done everywhere. The buffalo entering into the pond by breaking the peace of freely swimming frogs does not realize how risky it is for them to preserve their lives from its intrusion. Does the buffalo know how many frogs are trapped, and crushed? Whenever the frogs raise their voices for their fundamental rights and security at their disposal," might is right" principle will be applied against them.

4. On 1976, Nepal proposed to declare it as the peace zone nation having seven responsibilities and approving by 116 countries of the world, India's disapproval till now signifies that India does not want to free Nepal from its defence policy. Nepal is under total influence of India after the restoration of multi party democracy. The more a country has influence of another country, the further its basic right, independence and democracy wane.

5.India intends a conspiracy to keep Nepal under its control in terms of trade and military influence.24

3. Interference on Economics

1. Nepal takes trade and transit as two different entities. Transit is a fundamental right of Nepal, whereas trade depends on bilateral understanding. When India denied agreeing on two treaties, Nepal decided to sign only the transit treaty. Again, after seven years in 2001 and 2006, Nepal was forced to merge the two different treaties into one. It also forced Nepal to include the issues of defence and water-resource unnecessarily.

2.By every means, India wants to solely establish its monopoly of its low quality products in Nepali market. Indians also prevent Nepali products from entering India, thus making always trade deficit. On the contrary, Nepal desires to select the quality products from world market freely. Nepal denies becoming the part of India's self-vested protection strategy. Nepal aims to extend its trade freely all over the world. Nepal wants to diversify its trade in full-fledged. Nepal wants to practice its trade as the Most Favoured Nation (MFN). Nepal wants a complete abolishment of Indian monopoly

3. Being a landlocked country, Nepal wants to freely use the land route up to the seacoast, wills to make the use of Nepal railway, sea route and roadway according to the international law. It also intends to make the use of alternative way. Nepal takes transit and transportation as its right, whereas India as its blessing.

4. Penetration of Indian citizenin Nepal is very high. For them Nepal is like going to Honkong or USA. India wants to freely thrust its millions low level population into Nepal. Further, it intends to encumber Nepal. The amendments were made on foreign employment policy, Citizenship Act and Labour Act on Indian pressure. This tendency ultimately serves to open avenue in order to send its citizens to Nepal. In 1961 A.D., 3, 24,159 Indian dwelt25 in Nepal. After twenty years, in 1980, the population reached to 38,00,000 (as per P.V. Narsingh Rao). Among them, 23, 87,973 have already received the Nepali citizenship.26 In that condition, Indians will occupy majority in the parliament if Nepal could not be alert. Nepal has foiled non-Nepalis from purchasing fixed property. If Nepal concedes on this issue, whole of hills of Nepal will turn into a Summer Palace for rich Indians, politicians and industrialists within 20 years from now. As a result, Nepalis will be displaced in their own home country. India's strategy to keep Nepal always under destitution has resulted from its long-term vision.

5. If trade diversification is a one leg for a sovereign country, its other leg will be the internal economic and political freedom. Hence, Nepal feels the main cause for Nepal's underdevelopment ness is India

6.When Nepal starts some projects to be done through global tenders India objects (e.g. Birganj dry port, Mahendra High way) resulting delays for a decade. And spoiling relationship with other countries.27Smuggling and black market of India has been great hindrance for the economic prosperity of Nepal.

4. Interference on Natural resources

1. Nepal has the largest water-resource in Asia and second largest in the world. Nepal takes more than 6000 rivers as a reliable and continuous source for its future generations. Nepal wants to possess this resource permanently as its treasure. India wants to appropriate this resource into its possession before Nepal becomes able to produce, utilize and sell it. India's main reason of falling an evil eye on Nepal's defence is its water resource. Nepal wants to preserve its water resource from any possible harm.

After 50 years from now India's problem of energy and foodstuff will heighten. India has to increase its food grain capacity from 1633 hundred thousand tons to 3750 hundred thousand tons. For this purpose, irrigation is necessary. Out of 1333 hundred hectare land, only 862 hundred thousand land around the Ganges River is possible for irrigation. Only Nepal's water resource can fulfil the need. And Nepal will agree only if India becomes ready to buy water and electricity.28

Conclusion

1. Smashing and grabbing

1. Transit Facilities that a land locked country should get is limited. herefore, Nepal has undergone a complex situation both in industry and business sectors. If it gets facilities as per the international norms, Nepali trade/industry will boost up. India should not try to make Nepal dependent on India by imposing conditions on Nepal. Albania is also surviving like other nations even without keeping relations with rest of the world. Israel is a small country, which has been involved in war for 200 years and is surrounded by enemies on all sides. However, it has been successful in living with dignity. Maldives does not promote tourism but still it has found a way to survive.29 Japan has developed tremendously without having natural resources and fertile land. Why cannot Nepal be a prosperous country in the world?

2. It has become easy to import Indian goods in Nepal by evading custom tax30 from several custom points in all the places of border areas.

3. Telling a lie is a crime. Creating havoc in the economic life of Nepali people, keeping such clumsy attitude and telling one lie after another doesn't suit to a large and prosperous nation like India.

4. Nepal has to be free from economic trap of India by adopting most favored trade policy; using Chitgaon, Honkong and Karachi seaports through connecting underground road to Bangladesh and Tibet railroad and supplying cheap hydroelectricity to it; making Chitgaoun seaport simple and effective.

5. India is a Hindrance in the growth of Nepal's Economy. Because of India Kankai high dam, Karnali hydro project, Sikta project, Arun three, West Seti, Budhi Gandaki projects were failed. Had these projects been completed, there would have been no shortage of electricity for two decades, and the economic standard would have been doubled.

6. Nepali industries and trade are ruined because of India's monopoly market. Nepalis are deprived of consuming quality products at moderate price and of dealing with competitive business in the world market, resulting in the poverty of Nepal. Thus, Nepal can never progress unless an open economy is established and dependency on India is avoided. If the price of goods goes down in Nepali market, Indians, like ants, carry goods on bicycle/heads and make shortage in Nepal, if the price goes high, becomes vice versa; thus failing Nepali industry and commerce.

2. Weaknesses of Nepal: the Dorjian attitudes:

Nepali leaders suffer from poor mentality that they cannot have access to the power if they disappoint India. They are dumfounded and tacit even by witnessing the interference of India over Nepali economy, nationality and territory as if a python is swallowing its prey.

His Majesty's Government of Nepal never shows its firm stand for the preservations of nation and has failed to study deeply border area and analyze the problems resulted from it.

Nowadays, political parties give the subjective interpretation of the nationality, not taking it from objective point of view. Their vested interest is higher than the national ones. Fractions in parties, political instability, political liquidity and conflicts are due to Indian interests. The roles exposed in 1st April 1990 by S.K. Singh and on April 20, 2006 by Shyam Saran are the glaring example as intended by the South Block. Therefore, Nepali bureaucrats and political leaders must learn nationalism from Indians despite being bland followers of them.

Now, we must avoid geo-constraints proverb; impart knowledge to be a Patriotic Nepali learning nationalism from Indians that non-nationalistic be supposed uncivilized, rudeness and undemocratic characteristics. Open border System be discontinued; the encroachments be controlled; administrators be alert and dedicated to nation's interest; do always democratic practices; apply equal-distance & equal behavior policy to neighbors. Develop a Shade Free Development; avoid Indian Political Interests in the internal matters of Nepal; Pressurize to change Indian attitude; deal perfectly for the returnable territory and above all realize 'United we stand divided we fall'. Now, start telling untold stories to the remaining world. Let them share our troubles and gain sympathies as well.

Arrange to get Transit Facilities from different ports of India, Bangladesh, Pakistan and People's Republic of China. Conduct air-cargo services between Nepal's Bhadrapur to the border of Bangladesh/Chatgaun.

Nepal, the country of Buddha, must be turned into peace centre by the approval of India to the peace zone proposal of it, already accepted by 116 countries. India should have compulsorily compensated the flood-affected area of Nepal and stop for further detritions. RAW nullifies every scheme of Nepal that intends to raise economic growth, exploit natural resources and uplift lifestyles of Nepali people. But straight forwarders and honesty are beneficial for the development of our country. Nepal expects change in attitude of dividing Nepali into places, castes, languages, gender, religion and property by using every trick through 'RAW'. All Nepalese people too should unite in the matter of nationality.

Nepal king fulfills 117-year-old Indian's wish

http://mangalorean.com/news.php?newstype=local&newsid=44536

Kathmandu, May 28(IANS) After almost a century, a 117-year-old Indian woman in Nepal finally had her two biggest dreams fulfilled - becoming a bona fide Nepali citizen and getting an audience with King Gyanendra.

Though she was born in Sunsari district in southern Nepal and lived there all her life, Kamaladevi Pathak, whose parents were of Indian origin, did not have a Nepali citizenship.

This year, when a growing movement in the Terai made the government of Nepal issue citizenship certificates to hundreds of citizenship-less people in the plains, Kamaladevi finally became a bona fide citizenship with a state-issued certificate testifying it - at the ripe age of 117.

Brimming with happiness at the better late than never state recognition of her rights, the 117-year-old, now looked after by her grandson Surendra, told the media - who came flocking to meet the centenarian - that she had one last wish left.

Though there is a growing demand for the abolition of monarchy in Nepal, in the plains, a large percentage of the people still favour monarchy and the older generations still believe the kings are descended from a Hindu deity.

Kamaladevi was widely reported by the media as saying that she wanted to meet King Gyanendra once, to thank him for her citizenship.

The reports caught the eye of the Narayanhity royal palace in Kathmandu and the king, now stripped of his official duties and privileges by the new coalition government, issued an invitation to Kamaladevi.

Last week, for the first time in her life, Kamaladevi boarded a plane with her grandson that flew her from the Biratnagar airport to Kathmandu.

In Kathmandu, the grandmother and son were put up in a guesthouse and on Tuesday, the king granted them an audience.

"The king was wonderful," the ecstatic elder citizen told the media after the meeting. "He was very gracious and smiling during the audience."

Wearing a simple white sari with a red border, Kamaladevi went to meet the king with a local shawl wrapped round and her head covered.

She carried a garland of yellow flowers and was allowed to put it on the king, also dressed in white. She also held the king's arms, a privilege allowed to few.

"You are a great man," she told him. "Do great things so that everyone sings your praise."

When the smiling king asked her if she wanted anything, she said at her age there was nothing she wanted for herself but she would like jobs for her grandchildren.

The entire cost of the trip, including the airfare and accommodation, was borne by the palace, the local media said Sunday.

The palace also thoughtfully arranged a visit for her to Kathmandu's famed Pashupatinath temple, reports said.

IANS

Look, how precious is Indian citizenship?

Born in Nepal, MLA in Bihar: LJP MLA may lose membership

Born in Nepal, MLA from Bihar! That’s the Lok Janashakti Party (LJP) MLA from Bathnaha in Sitamarhi district, Nagina Devi, for you. She now faces a queer situation of losing her membership of Bihar Assembly, after a Union Home Ministry report found her to be a Nepalese citizen.

The defeated JD (U) candidate Rajkishore Singh Kushwaha in Patna High Court challenged her election to the Assembly in 2005. The High Court had directed Sitamarhi district magistrate and the Union home ministry to verify the veracity of the complaint. The LJP has a strength of 10 MLAs in Bihar Assembly.

“We would be sending the report to the Chief Electoral Officer of Bihar in a day or two with all relevant documents for necessary action as the Home Ministry after holding an inquiry into the complaint against Nagina Devi has found her to be a Nepalese citizen and thus ineligible to hold the membership of the Bihar Assembly,” the District Magistrate, Suman Kumar told Hindustan Times over phone.

According to the DM, Nagina Devi never applied for Indian citizenship. The Chief Electoral Officer, Sudhir Rakesh said that all legal action would be taken against the MLA once the report comes. The matter will be referred to Election Commission,” he said.

The home minister in its observation submitted to the district magistrate on May 15, held that under Section 5 of the Indian Citizenship Act, just being married to an Indian national does not naturally qualify one to become a citizen of India.

Earlier, the DM had informed the Union Home Ministry about the findings through a letter dated March 21, 2007. The Ministry of Home Affairs too conducted an independent probe and found those to be true.

Devi was born to Nepalese parents of Madanpur village in Sarlahi district of the neighbouring country. She is married to Yogiraj Prasad of Posua-Patania village in Bathnaha assembly constituency in Sitamarhi district.

As per the Indian Citizenship Act, children born to Indian parents automatically became Indian citizens, but since the LJP MLA’s parents were Nepalese, despite her marriage to an Indian, she was required to apply for this country's citizenship.

The LJP MLA, in reply to an explanation sought by the DM, accepted that she had never tried to obtain Indian citizenship due to ignorance.

(Beta Hindustan Times May 18/2007)

Tuesday, April 17, 2007

Nepali citizenship lures Indian hordes

Nepali citizenship lures Indian hordes

AMAN KOIRALA in Sarlahi & BINOD BHANDARI in Biratnagar

Sarlahi / Biratnagar, April 10 - Yunus Miya, a local in Sarlahi district, has filed a case at the District Administration Office (DAO) against Harun Shesh of Laxmipur Kodraha VDC-6, alleging that he helped his son-in-law Rahidul Rahaman, an Indian national, acquire Nepali citizenship certificate by preparing fake documents.
One of the evidences Miya submitted at the office against Shesh is the invitation card that the latter distributed during his daughter's wedding ceremony. Miya has demanded cancellation of Rahaman's Nepali citizenship certificate and stringent action against Shesh and others for helping an "Indian national" acquire Nepali citizenship.

The invitation card Shesh distributed has Vutahi village of India printed as the address of Shesh's son-in-law. The wedding ceremony was held on February 10.

Miya claimed that people were involved in "selling Nepali citizenship" in the name of distribution to genuine Nepali people.

Confirming that a case has been filed, Hom Bahadur Khadka, an officer at DAO stated they would start investigating once they completed the distribution.

In Biratnagar, a huge number of "unfamiliar faces" have lately started gathering in and around several bordering villages in Morang district after the government team arrived for distributing citizenship certificates. Also, some Indian "brokers" have intensified their activities in border areas.

Setting up tents in various places, some strangers, whom neither locals nor any of the eight political party representatives recognize, have

gathered and are active in acquiring Nepali citizenship, said locals.

Some Indians have enlisted their names at the index form of their relatives who live in Nepal. They either try to influence political party representatives in their favor or threaten them if the latter refuse to support them. Indian brokers have threatened a number of VDC secretaries for refusing to sign fake documents, according to some VDC secretaries. Some Indians who could not acquire Nepali citizenship even after spending money, locked up some local leaders and VDC secretaries in the area.

Indians spend a minimum Rs 2,000 to 20,000 to influence Nepali authorities, sources said. Bali Ram Yadav and Lekh Ram Yadav of Kisangunj district Teragachh Bhoda Panchayat of India acquired Nepali citizenship certificates from Jhurkiya VDC, said VDC sources. They spent Rs 5,000 each to acquire the citizenship with their certificate numbers 053012/1002 and 053014/1003, sources said.

Thousands of Indian nationals acquired Nepali citizenship certificates from Katahari, Jhurkiya, Majhare, Govindapur, Amardaha, Dainiya, Sorabhag, among other bordering VDCs, sources claimed.

A group of "brokers" that included some Indians, locked up local leaders of eight political parties and the VDC secretary at Govindapur VDC office on Monday after they were "deprived of citizenship certificates" after they had spent money for the purpose and "completed all necessary procedures". They were later released.

Meanwhile, sources claimed that over 1,000 Indian nationals acquired Nepali citizenship certificates from Amardaha VDC alone. The Indians spent over Rs 2 million for the purpose in the VDC, sources disclosed.

Ram Prasad Ghimire, Assistant Chief District Officer, stated that the administration would start investigations after April 13 as they had received so many complaints of such irregularities.

Posted on: 2007-04-09 21:25:48 (Server Time)

Nepal Democracy, Citizenship & Corruption

By Nepal Freedom Centre
http://newsblaze.com/story/20070330095519mett.nb/newsblaze/OPINIONS/Opinions.html

A few days ago I had an email from a Nepali student, I will call him KD. He wrote to me about my article on leadership in Nepal's politics and said that he was touched and encouraged by my writing to contribute more for his country. This made me feel both proud and incredibly humble that a young man would be so motivated by my words, firstly to write a response to me, and secondly to want to do more for his country.

He is currently studying abroad after having given up on his education three years ago because of the way the political parties were manipulating and using gangs of students for their own ends. This was a complete abuse of the education system that I'm sure many of you will remember.

At the end of his email KD asked for my help and advice which at first I was reluctant to give. Such a responsibility, but my Nepali wife has again persuaded me! So, here are the main parts of what I wrote, which I hope KD doesn't mind my sharing with a few other people:

First of all KD you must complete your education, your country needs educated people whether they be farmers better educated in soil erosion and deforestation, or scientists and medical people educated to help people directly. Of course on completion of your studies I would therefore urge you to return to Nepal.

Second, I ask you to become questioning about everything a politician says or does. This is not because you may distrust them but it is a healthy part of the democratic process. Ask how they will do things, as for their policy on health, education, caste discrimination etc, ask about their party's internal structure, how people get jobs/positions in the party and so on.

Third I ask you to think about and understand three important principles: The first principal concerns democracy and what this really means in terms of "freedoms", especially freedom of speech, religious practise, political views, ethnicity. There are many different forms of democracy, but people power is a common theme which means the power of the vote; if you don't like what your political leaders are doing you vote them out!

The second principle goes hand-in-hand with democracy and it is the principle of citizenship. This is not a word I use very often preferring to use the word "obligations" which is the other side of the democracy coin. If as a citizen in a democracy you have certain rights and expect certain freedoms, then likewise you have to give certain obligations BACK to your society and these often include paying taxes, serving in the country's armed forces when called upon, obeying the laws, demonstrating commitment and loyalty to the democratic political community and state, constructively criticizing the conditions of political and civic life, participating to improve the quality of political and civic life, respecting the rights of others, defending one's own rights and the rights of others against those who would abuse them.

The third principle I want to mention is corruption, defined as the act of impairing integrity, virtue, or moral principle. When we think of Nepal we tend to think mostly of political corruption which in broad terms is the misuse by government officials of their governmental powers for illegitimate private gain. I'm sure most Nepalis can identify with this definition! However at this point in my reply I want you to go back and read my words about citizenship and think very carefully about corruption too.

What I am about to say next probably runs the risk of getting lots of abusive emails and/or losing many of my Nepali friends! Consider this: A European Aid Agency donates billions of dollars to clean up Nepal's rivers around Kathmandu. The government minister responsible creams off several million rupees as do the contractors and engineers. Is this corruption? Next, my brother-in-law turns the wrong way down a Kathmandu street and is immediately confronted by a policeman who is nearby. The policeman is about to book him until my brother gives him 100Rs. Is this corruption? Next, my wife and I are leaving Kathmandu tomorrow so we visit Swayambhu one last time and decide to buy a few last minute presents. My wife chooses a Buddha head from a stall and (in English) asks the merchant the price. He turns to his partner and seeks advice, in Newari. The partner says that 500Rs would be a good price, then, the other man turns to my wife and says 2000Rs! Is this corruption? Some tourists need a taxi from the airport to Thamel, the normal price is 800Rs but the taxi driver says his meter isn't working and decides to charge them 1500Rs. Is this corruption? My answer to all of these questions is YES! In each case the person is attempting to increase his personal gain at the expense of someone else. Of course it is understandable when that person may be desperate to feed his family, but it doesn't excuse the act. I believe that in each case it is not good citizenship to act in this way.

So, KD my friend, I urge you to return to your country and to follow whatever career calls you whether it be business or politics, but to be a good citizen and to spread the word of good citizenship to everyone.

This is my reply to KD. And now a word to my readers; many of you read my words yet don't comment. Do you agree with them or disagree? I have no fear of disagreement, after all I am a citizen of what I believe to be the greatest democracy in the world!

The Nepal Freedom Centre is a virtual organisation for everyone concerned for democracy in Nepal. You are encouraged to participate via http://nepalfreedom.blogspot.com

Over 2 million citizenships distributed in four months

Over 2 million citizenships distributed in four months

http://www.nepalnews.com.np/archive/2007/apr/apr17/news21.php

The Home Ministry has said its teams have distributed a total of 2,250,869 citizenship certificates to Nepali citizens by mid-April.

According to the ministry, 1,055,869 citizenship certificates have been issued in Terai, 1,022,286 in the hilly region and 173,421 in the mountainous region. The ministry had deployed 586 teams for the nationwide 'citizenship distribution campaign' in mid-January following the Parliamentary Proclamation-2063 BS, which vowed to provide eligible Nepali citizens with citizenship certificates before the election to constituent assembly.

In Saptari, Dhanusha, Kailali, Achham, Rautahat, Parsa and Sarlahi districts where the campaign hanged fire due to frequent obstructions, distribution will continue until the end of April while the deadline for citizenship distribution in Humla, Dolpa, Mugu and Mustang districts has been extended by a month.

Speaking at a news conference organised at the ministry today, Home Minister Krishna Prasad Situala claimed that the citizenship distribution campaign was a success.

"Longstanding problem of citizenship has been solved with this successful distribution campaign," he said, adding, "The distribution process has been objective and realistic."

Asked about the reports that thousands of Indians obtained Nepali citizenships illegally in Terai districts, Situala said the illegally-procured citizenship certificates would be cancelled and tough legal action would be initiated against anybody found guilty of illegally distributing or procuring citizenships. nepalnews.com mk Apr 17 07

Tuesday, March 20, 2007

The deadline for the distribution of citizenship certificates has been extended

Important Decisions [ 2007-3-17 ]
http://www.gorkhapatra.org.np/content.php?nid=14749

THE Council of Ministers in its meeting on Thursday took some very important decisions taking into view the recent developments especially arising from the amendment effected in the Interim Constitution. One of the decisions is concerned with the delineation of the electoral constituency. In this regard, the government has decided to form a three-member Electoral Constituency Delineation Commission headed by a former judge of the Supreme Court. This has become necessary because the earlier constituencies will not be able to meet the requirement in the changed context. It will be with a view to meeting the demands of the various and communities and has the aim of reflecting the adequate representation of the people in the upcoming Constituent Assembly elections which is to be held by mid-June. Though this should have been done earlier, yet things are moving in the right direction albeit a little slowly. In another significant decision, the deadline for the distribution of citizenship certificates has been extended by a week or a month as the case may be because of the disruption caused by the recent Terai movement and the adverse weather conditions in the Himalayan region. This will facilitate the people in receiving the citizenship certificate in time for the constituent assembly elections and be able to exercise their rights in the polls.

Apart from this, the government has decided to present two bills relating to the CA elections in the legislature-parliament. All the decisions have been taken as part of the government's preparation for the CA polls. In this connection, it also decided to register all the weapons of the Maoists which are outside the containers. This is an important decision as free weapons in the hands of the Maoist combatants will not be conducive to eliminating fear among the voters. The thrust of the decisions are geared at the CA polls for which time is running short. Now, there must be haste if the polls are to be held within the decided timeframe. Moreover, the pace has also picked up for the formation of the interim government, which will have the responsibility of announcing the date for the elections.

The deadline for the distribution of citizenship certificates has been extended

Important Decisions [ 2007-3-17 ]
http://www.gorkhapatra.org.np/content.php?nid=14749

THE Council of Ministers in its meeting on Thursday took some very important decisions taking into view the recent developments especially arising from the amendment effected in the Interim Constitution. One of the decisions is concerned with the delineation of the electoral constituency. In this regard, the government has decided to form a three-member Electoral Constituency Delineation Commission headed by a former judge of the Supreme Court. This has become necessary because the earlier constituencies will not be able to meet the requirement in the changed context. It will be with a view to meeting the demands of the various and communities and has the aim of reflecting the adequate representation of the people in the upcoming Constituent Assembly elections which is to be held by mid-June. Though this should have been done earlier, yet things are moving in the right direction albeit a little slowly. In another significant decision, the deadline for the distribution of citizenship certificates has been extended by a week or a month as the case may be because of the disruption caused by the recent Terai movement and the adverse weather conditions in the Himalayan region. This will facilitate the people in receiving the citizenship certificate in time for the constituent assembly elections and be able to exercise their rights in the polls.

Apart from this, the government has decided to present two bills relating to the CA elections in the legislature-parliament. All the decisions have been taken as part of the government's preparation for the CA polls. In this connection, it also decided to register all the weapons of the Maoists which are outside the containers. This is an important decision as free weapons in the hands of the Maoist combatants will not be conducive to eliminating fear among the voters. The thrust of the decisions are geared at the CA polls for which time is running short. Now, there must be haste if the polls are to be held within the decided timeframe. Moreover, the pace has also picked up for the formation of the interim government, which will have the responsibility of announcing the date for the elections.

JTMM cadres abduct citizenship distribution officials

March 13, 2007
http://www.nepalnews.com/archive/2007/mar/mar13/news10.php

Three days after the withdrawal of all 'military actions', cadres of Jwala Singh-led Janatantrik Tarai Mukti Morcha (JTMM) abducted three government officials in eastern Sunsari district Tuesday morning.

A team of government officials led by Parshu Ram Baidar had reached Chittah VDC in Sunsari to distribute citizenship certificates. Baidar is the chief of Urban Residence and Building Division based in Itahari.

Two other abducted officials are Saroj Kumar Bhattarai, secretary of Chhitaha VDC and Som Nath Pokharel who works at Aurahi Post Office. They were abducted from their rented rooms.

The JTMM said they were taken under control for interrogation about the dispute that ensued in Chittah VDC on Monday over the distribution of citizenships. The distribution of citizenship certificates has been stopped following the incident. nepalnews.com ia Mar 13 07

Roundup: Over 1 mln get citizenship certificates

Roundup: Over 1 mln get citizenship certificates - March 5 2007

http://english.people.com.cn/200703/05/eng20070305_354389.html

Nepali Home Ministry on Monday told Xinhua that more than 1.2 million people have received citizenship certificates across all 75 districts of the country.

As the proposed date for holding elections to the Constituent Assembly by mid-June in Nepal is nearing, the Citizenship Certificate Teams mobilized by the Home Ministry are working day and night to issue citizenship certificates to the rightful persons.

According to Under Secretary of the Citizenship Coordination Central Cell at the Home Ministry Ganesh Rai, a total of 1,237,409 citizenship certificates have been distributed throughout the country till Monday morning.

The 561 Citizenship Certificate Teams mobilized by the Home Ministry distributed citizenship to 1,163,746 persons on the basis of descent, 51,285 on the basis of birth, 22,158 on the basis of naturalized by marriage while 220 received on the ground of being offspring of naturalized citizens.

The Cell also recorded that among those who have received the certificates from the Mobile Citizenship Distribution Teams, some 93,000 persons live in 15 different districts in northern mountain region, while 540,741 persons dwell in 20 districts of southern Terai plains. The Hilly region in the central of the country witnessed the highest number of citizenship certificate distribution, with 603,647 persons having acquired the certificates.

The parliamentary committee of the House of Representatives HoR) of Nepal, on Nov. 24, 2006 approved a citizenship bill to facilitate the distribution of citizenship certificates to people living in the country .

The passed bill stated that any person born before mid-April 1990 and living in the country since then, was eligible to acquire citizenship of Nepal. Similarly, any person born of parents who are the citizens of Nepal would be a citizen of Nepal on the basis of descent. Any foreign woman married to a Nepali citizen could acquire the Nepali citizenship on the basis of naturalization.

While passing the bill, the parliament members expressed optimism that the long-standing citizenship problem faced by an estimated 4 million people would be resolved.

The bill has made the provision of providing citizenship on the basis of land ownership card, birth certificate or voter's list for proof. In case of non-availability of those proofs, recommendation of three members of the community had been sought.

Although easier provisions in the new citizenship bill made it easier for many people who are deprived of citizenship to acquire certificates, others are apprehensive of the possibility that foreigners will override in the one of the tiny countries of the world.

It is estimated that around 4 million people are deprived of citizenship right in Nepal.

Lawyer Bhimarjun Acharya told Xinhua that the loose distribution mechanism in the bill might provide space for many foreigners to acquire Nepali citizenship. "The provision of recognizing the recommendation of just members of a community for acquiring citizenship is dangerous," he said.

"Many Indians living in Nepal who have become a part of the Nepali society over the years may claim Nepali citizenship," he added.

On the other hand, the political parties too showed the tendency to use their influence in the citizenship certificate distribution process so that to consolidate their vote banks for the approaching elections to the constituent assembly scheduled to take place by mid-June.

The members of the Mobile Citizenship Distribution Teams have their own dilemma as recent agitation in southern Terai region of country put more pressure on them. They even had to put their lives on stake if they deny certificates as they receive threatening from different sides if they reject the application on the ground of inadequate proof to become legal Nepali citizen.

The Home Ministry also stated that legal actions were taken against non-Nepali persons who were trying to acquire citizenship certificates by presenting fake details.

In Dolkha District, four Bhutanese refugees were indicted of providing false details to become Nepali citizen while more than 100 Indian citizens in Nepal-India bordering districts reportedly received citizenship certificates by falsifying their real identity.

Meanwhile, the Home Ministry had stated that legal actions were taken against those who gave false details or made an attempt to acquire the certificate by force while applying for the citizenship certificates.

The ministry had also requested one and all to not involve in acts like recommending citizenship for foreign nationals and help by informing the Team, the District Administration Office, Regional Administration Office and the ministry if anyone was found acquiring the certificate by giving false details. Source: Xinhua

Roundup: Over 1 mln Nepalis get citizenship certificates

Roundup: Over 1 mln Nepalis get citizenship certificates - March 5 2007

http://english.people.com.cn/200703/05/eng20070305_354389.html

Nepali Home Ministry on Monday told Xinhua that more than 1.2 million people have received citizenship certificates across all 75 districts of the country.

As the proposed date for holding elections to the Constituent Assembly by mid-June in Nepal is nearing, the Citizenship Certificate Teams mobilized by the Home Ministry are working day and night to issue citizenship certificates to the rightful persons.

According to Under Secretary of the Citizenship Coordination Central Cell at the Home Ministry Ganesh Rai, a total of 1,237,409 citizenship certificates have been distributed throughout the country till Monday morning.

The 561 Citizenship Certificate Teams mobilized by the Home Ministry distributed citizenship to 1,163,746 persons on the basis of descent, 51,285 on the basis of birth, 22,158 on the basis of naturalized by marriage while 220 received on the ground of being offspring of naturalized citizens.

The Cell also recorded that among those who have received the certificates from the Mobile Citizenship Distribution Teams, some 93,000 persons live in 15 different districts in northern mountain region, while 540,741 persons dwell in 20 districts of southern Terai plains. The Hilly region in the central of the country witnessed the highest number of citizenship certificate distribution, with 603,647 persons having acquired the certificates.

The parliamentary committee of the House of Representatives HoR) of Nepal, on Nov. 24, 2006 approved a citizenship bill to facilitate the distribution of citizenship certificates to people living in the country .

The passed bill stated that any person born before mid-April 1990 and living in the country since then, was eligible to acquire citizenship of Nepal. Similarly, any person born of parents who are the citizens of Nepal would be a citizen of Nepal on the basis of descent. Any foreign woman married to a Nepali citizen could acquire the Nepali citizenship on the basis of naturalization.

While passing the bill, the parliament members expressed optimism that the long-standing citizenship problem faced by an estimated 4 million people would be resolved.

The bill has made the provision of providing citizenship on the basis of land ownership card, birth certificate or voter's list for proof. In case of non-availability of those proofs, recommendation of three members of the community had been sought.

Although easier provisions in the new citizenship bill made it easier for many people who are deprived of citizenship to acquire certificates, others are apprehensive of the possibility that foreigners will override in the one of the tiny countries of the world.

It is estimated that around 4 million people are deprived of citizenship right in Nepal.

Lawyer Bhimarjun Acharya told Xinhua that the loose distribution mechanism in the bill might provide space for many foreigners to acquire Nepali citizenship. "The provision of recognizing the recommendation of just members of a community for acquiring citizenship is dangerous," he said.

"Many Indians living in Nepal who have become a part of the Nepali society over the years may claim Nepali citizenship," he added.

On the other hand, the political parties too showed the tendency to use their influence in the citizenship certificate distribution process so that to consolidate their vote banks for the approaching elections to the constituent assembly scheduled to take place by mid-June.

The members of the Mobile Citizenship Distribution Teams have their own dilemma as recent agitation in southern Terai region of country put more pressure on them. They even had to put their lives on stake if they deny certificates as they receive threatening from different sides if they reject the application on the ground of inadequate proof to become legal Nepali citizen.

The Home Ministry also stated that legal actions were taken against non-Nepali persons who were trying to acquire citizenship certificates by presenting fake details.

In Dolkha District, four Bhutanese refugees were indicted of providing false details to become Nepali citizen while more than 100 Indian citizens in Nepal-India bordering districts reportedly received citizenship certificates by falsifying their real identity.

Meanwhile, the Home Ministry had stated that legal actions were taken against those who gave false details or made an attempt to acquire the certificate by force while applying for the citizenship certificates.

The ministry had also requested one and all to not involve in acts like recommending citizenship for foreign nationals and help by informing the Team, the District Administration Office, Regional Administration Office and the ministry if anyone was found acquiring the certificate by giving false details. Source: Xinhua

Over 1.2 Million People Get Citizenship

Over 1.2 Million People Get Citizenship Cards in Nepal since Formation of Interim Govt March 15 2007

NHRN News Desk
http://www.nepalhumanrightsnews.com/news.asp?id=778

Kathmandu, March 5: The Government of Nepal has distributed citizenship certificates to more than 1.2 million people during the past one and a half month, official sources claimed on Sunday.

Home Ministry said it provided citizenship certificates to one million and 237 thousand citizens in various parts of the country after the government initiated a special campaign to distribute citizenship papers one and half month ago.

The Ministry had formed 560 different teams that reached to villages to provide documents to eligible citizens.

Of the total distribution, 1.16 million have obtained the citizenship on inheritance basis, whereas more than 51 thousand acquired the documents on the basis of birth and others as naturalized citizens, according to the Ministry.

Baman Prasad Neupane, joint secretary at the Ministry, said that the government could extend the time for distributing citizenship papers beyond mid-March based on demands.

The special teams were deputed to distribute citizenship certificates, based on new Citizenship Act, and primarily to benefit a large section of Madhesi population, who had long complained that they were still deprived of this important document.

Tuesday, January 2, 2007

Again on citizenship issues

Again on citizenship issues

By BIPIN ADHIKARI (KP 31/08/2006)
http://www.kantipuronline.com/kolnews.php?&nid=86068

An amendment bill on the Citizenship Act 1964 enabling all immigrants and their offspring to claim Nepali citizenship is awaiting legislative process of the House of Representatives for its passage into law. According to the bill, citizenship certificates will be provided to all applicants if they are able to prove that they were born in Nepal before the 1990 mass movement or residing in the country since then. The bill has also introduced new provisions in the Act enabling men married to Nepali women and their children to claim citizenship with ease. Surprisingly, under the present formulation, the applicant is not even required to declare his or her intention to settle and reside in the country permanently.

While the year 1990 has been accepted as the cut-off year for distribution of citizenship, it is not clear how the idea is not to grant citizenship en masse (as was originally intended but later dropped off from the draft Interim Constitution last month) but to recognize the claim of every individual who is a de facto Nepali. The formulation that even if there is no written proof, a person can still qualify for the citizenship if he is successful to get recommendations from three Nepali citizens definitely indicates towards the fragility of the legal principles being employed by the government under the amendment bill.

There is no dispute over the fact that there are certain valid claims for the citizenship of Nepal. However, granting citizenship simply because someone happens to be born in Nepal before 1990 or happens to be on the electoral rolls cannot be a rational formulation. Birth is a biological act. Place of performance of this act has hardly any influence on a person's psyche. For the sake of legal convenience, some importance has been ascribed to place of birth in laws relating to citizenship. But that can be no justification for treating it as the only important factor by this law. This is true about the fact of residence as well.

As a matter of principle, for example, international law has a concept of domicile, which is not solely based on the place of birth. Domicile is based on the intentions and mind of the person concerned. One must prove one's domicile in the host country before one becomes eligible for acquiring citizenship of that country. One must also prove one's renunciation of domicile of the country of origin. Tests and qualifications must be prescribed to ensure that the person is truly domiciled in the host country.

Moreover, the proposed amendment does not even make it mandatory for the authorities to verify the antecedents of the applicant in the country of origin. The danger that this poses is a bit too obvious and is surely not far-fetched in a country that is at the neighborhood of the two most populated countries of the world.
Especially, the inflow of people from India is never going to decrease in Nepal given the size of the population of India and the ongoing pace in which the haphazard industrialization process is creating mass poverty and marginalization in that country.

If the idea is to take such drastic measures to end the citizenship problems for ever, as it is being propagated by the government, which has the habit of ruling over the Constitution, then there is no reason why the government is not coming up with a bold determination to immediately start regulating the porous international border that this tiny country shares with India, and thereby starts implementing existing immigration laws and work permit policies to control the movement of the Indian people in Nepal. The inflow of immigrants from across the border and their settlement inside Nepal will never decrease just by attempting to distribute citizenship and 'Nepalize' all these immigrants every eight or ten year.

As two distinguished critiques, Buddhi N Shrestha and Madan Regmi, emphasized this author recently (in response to his earlier commentary on the issue), nothing forbids the government of Nepal to regulate the international border in keeping with its best national interests. In fact, what is necessary now is also to withdraw the provision of the 1950 treaty under which the government of India and Nepal "agree to grant, on reciprocal basis, to the nationals of one country in the territories of the other the same privileges in the matter of movement and privileges of a similar nature."

Our compassionate neighbor has always been too demanding under this clause, and at times such demands have even ignored the long term Indian interests in Nepal. The treaty must be revised or abrogated if the Citizenship Act is being amended in good faith of the poor sovereign people of this country.

It is strange that the omnipotent government, which is so much forthcoming in certain strategic matters of Indian interest is just silent on what is going to be the fate of millions of Nepali citizens living in India without citizenship, and whether the Indian state is going to give the same treatment to the interested Nepalis living out there as at the cut off date marked for this country. Has the government of India in any case proposed similar amendment to the prevailing Indian Citizenship Act, and agreed to repatriate the Bhutanese refugees in the eastern Nepal back to their land? If this is not the basis of Nepali benevolence, then the government needs to explain why these blanket provisions are being proposed.
[LAWYERS_INC_NEPAL@yahoo.com]

Granting citizenship en masse?

Granting citizenship en masse?

The kathmandu post 31 August 2006

By BIPIN ADHIKARI

Harka Gurung, a senior scholar, once emphasized political boundary and citizenship as two bases of national identity. On both counts, he said, the situation of Nepal seemed precarious.

This precariousness owes to several factors. The porous international border that this tiny country shares with India is still unregulated under a treaty forced on it during the transition of 1950. While the inflow of immigrants from across the border and their settlement inside Nepal has never decreased, the attempt of the government to distribute citizenship and 'Nepalize' all these immigrants for once and ever (to finally stop the floodgate) has never been successful. Besides, the issue of the encroachment of Nepal's international border is a regular feature in the local news. There are still some parts of Nepal under foreign illegal occupation. Indeed, the country is shrinking physically, and there is no voice against it.

On the 56th year of the 1950 treaty, while the country is in another period of transition, attempts are being made again to play out Nepal demographically. Efforts were made, although unsuccessfully, to propose a provision in the draft Interim Constitution granting Nepali citizenship to all individuals who participated in the referendum of 1980 or took part in the elections after 1990 or whose father or mother is born in Nepal. While the later formulation has some logic, the former two formulations seem to have been imposed on the drafting team after carefully sidelining the citizenship provisions that existed under the 1990 Constitution.

Granting citizenship simply because someone happens to be on the electoral rolls cannot be a rational formulation. The law of Nepal and for that matter any other country (ruled by itself) cannot recognize an electoral roll to be the exclusive proof of citizenship. It is a document created for an entirely separate purpose and with a view to enable the residents to cast his or her vote in a given election. The claim of citizenship has to be established the way paternity or maternity is to be established, and simply because somebody has spent some years in a foreign country does not entitle him or her to the citizenship certificate from this state. This is the bottom line everywhere.

The existing Constitution does not give the government the power to gift the citizenship en masse to foreigners. Every claim for citizenship must be judged on case to case basis and on the strength of the merit of each claim. In most parts of the world, the burden of proving whether one is an illegal migrant or not falls on the very person. There is good and sound reason for placing the burden of proof upon the person concerned who asserts to be a citizen of a particular country.

In order to establish one's citizenship, normally he or she may be required to give evidence of his/her date of birth, place of birth, name of his/her parents, and their place of birth and citizenship. Sometimes the place of birth of his/her grand parents may also be relevant. All these facts would necessarily be within the personal knowledge of the person concerned and not of the authorities of the state. After s/he has given evidence on these points, the state authorities can verify the facts and can then lead evidence in rebuttal, if necessary.

There are definitely some genuine citizenship claims of people in Madhesh which must be settled by all means. Those who have valid claims must get citizenship certificates, and genuine citizens must be provided with the certificate as soon as possible. If necessary, the state should also consider making legal aid available to the concerned claimant on the recommendation of the civil society. But the attempt of granting citizenship en masse and outside the normal legal process is not only questionable but also a serious breach of the loyalty and trust that politicians are expected to demonstrate towards the nation.

Obviously, a lot of money is being spent to keep the public opinion under control in this matter and change Nepal demographically. This is the reason that Nepal never had anti-foreigner agitation as we happen to see around the world every year. Even in India, for example, in the late 1970s and early 1980s anti-foreigner agitations were led by the All Assam Students Union (AASU) which protested the presence of hundreds of thousands of illegal foreigners from Bangladesh in the electoral rolls.

For those of the politicians, and civil society leaders, who are proud to be more Indian than the Indians themselves, suffice it to remind them that in India itself there is a Supreme Court order since April 2002 which maintains that foreigners cannot claim the right to Indian citizenship on the ground that they are enrolled in voter lists, have ration cards and that they have been living in India for a long time. By equating the influx with external aggression, the Supreme Court of India has also pinpointed that the impact of such large scale influx is the root cause of insurgency as well as economic deprivation of the Northeastern parts of the country.

The Indian Supreme Court has in fact made a telling observation: "The report of the Governor, the affidavits and other material on record show that millions of Bangladeshi nationals have illegally crossed the international border and have occupied vast tracts of barren or cultivable land, forest area and have taken possession of the same in Assam as well. Their willingness to work at low wages has deprived Indian citizens and specially people in Assam of employment opportunities."

Nepal has been very modest in citizenship matters. Besides, many non-Nepalis have already acquired citizenship by bribing the authorities, and illegally procuring documents that allow them to claim citizenship certificates. Limited police capacities to combat document fraud and lack of administrative systems necessary to properly document immigrants in the first place has enabled many people to acquire Nepali citizenship. Weak documentation systems have led not only to illegal entry of economic migrants (from beggars to the businessmen), terrorists, and other criminals via document fraud, but to massive electoral fraud as well, which has serious implications for the conduct of democratic politics.Sovereignty is nowhere more absolute than in matters of emigration, naturalization, nationality, and expulsion. It is at the threshold of a state's membership and its territorial boundaries that the rules of entry and residence apply.

If influx continues and citizenship certificates are distributed the way they are being discussed, Nepalis will soon be swamped, and there would be no Nepal left for the natives.

[LAWYERS_INC_NEPAL@yahoo.com]