Dual citizenship Nepal 2023
Citizenship, an essential testament to national identity and the legal framework of an individual, has always been a cornerstone in our journey through life.
As the world becomes more interconnected, Dual Citizenship has gained significant traction. Among many countries grappling with this idea is Nepal, a nation steeped in rich culture and heritage, known for its unique socio-political landscape.
The notion of dual citizenship in Nepal in 2023 has emerged as a significant topic of discussion.
For those considering this path or simply curious about Nepal’s stance on dual citizenship, staying abreast of the developments in dual citizenship Nepal 2023 is crucial.
Through this in-depth exploration, we aim to provide a comprehensive view of this critical issue, making this your go-to guide for all matters concerning dual citizenship in Nepal 2023.
Understanding the Legality of Dual Citizenship in Nepal
The country’s constitution unequivocally declares the annulment of Nepali citizenship if an individual is found to possess citizenship of another country.
This is a stringent policy that solidifies Nepal’s stance against dual nationality.
The Constitutional Context
The policy against dual citizenship in Nepal isn’t an arbitrary decision. Instead, it is ingrained in the nation’s constitution, the core of its legal framework.
Specifically, Article 14 envisions the provision of Non-Residential Nepali (NRN) citizenship to individuals who reside in a foreign country, provided their parents or grandparents hold Nepali citizenship by descent.
This allowance, however, is not an endorsement of dual citizenship but rather an alternative arrangement.
What Legal cases can Individuals with Dual Citizenship in Nepal face?
Understanding the punishment for dual citizenship in Nepal is crucial for anyone who might find themselves navigating this complex terrain.
An individual with multiple citizenship is viewed as having breached the passport law and the immigration policy of the nation. These transgressions are met with stringent legal consequences.
Consequences under Passport Law and Immigration Policy
Section 21 of the Passport Act provides specific punishments for individuals guilty of submitting false documents.
Penalties range from a hefty fine of Rs 200,000 to 500,000 and a potential prison sentence spanning 1 to 3 years. Beyond these immediate legal repercussions, such individuals may face other serious charges.
Potential Charges: Forgery, Treason, and Political Exclusion
The legal cases an individual with dual citizenship in Nepal can face extend beyond mere fines and prison sentences. Such a person could also face charges of forgery, a serious offence that carries its own set of legal consequences.
Even more dramatically, a person with dual citizenship could be charged with treason, a severe crime that highlights the perceived seriousness of holding multiple nationalities.
Additionally, the individual might face lifelong political repercussions. They could be barred from participating in electoral politics for life, a significant restriction that would limit their role in the nation’s political landscape.
Navigating Citizenship: The Case of Deputy Prime Minister Rabi Lamichhane
A noteworthy instance illustrating the complexities of dual citizenship in Nepal is the case of Rabi Lamichhane.
The president of the Rashtriya Swatantra Party, Lamichhane’s citizenship status became a subject of national debate and ended up costing him his membership in the House of Representatives.
A Tangle of Citizenship and Politics
Lamichhane’s journey of citizenship is layered and complex. In March 2014, he acquired American citizenship, which, according to the constitutional act, automatically rescinded his Nepali citizenship.
Despite renouncing his American citizenship and returning to his homeland three months later, he did not immediately reacquire his Nepali citizenship.
This oversight became a significant issue after Lamichhane won the general election on November 20, 2022.
All he had as proof of his Nepali nationality was a copy of his citizenship issued in 1994 by descent.
The Fallout: Renunciation and Reclamation
This irregularity in Lamichhane’s citizenship status had severe consequences. He was stripped of his post in the House of Representatives and instructed to follow the process stated in the Citizenship Act of 2006 to reclaim his Nepali citizenship.
The case of Rabi Lamichhane underlines the severity of the consequences that come with dual citizenship in Nepal and the meticulousness with which these laws are upheld.
Nepal Dual Citizenship News: The creation of the Non-Resident Nepali Association (NRNA)
In Nepal’s ever-evolving discourse on dual citizenship, one development stands out: the establishment of the Non-Resident Nepali Association (NRNA).
This association was formed with the primary aim to unify the Nepali diaspora and harness their skills, knowledge, and resources for the socio-economic development of the Nepalese community and the nation of Nepal.
A Conceptualized Framework Turned Reality
The idea for the NRNA was first conceptualized by Nepalese residents in Russia in 2002. This was followed by a meeting in London in 2003, where a coordination committee was formed to unify the Nepali diaspora.
The Government of Nepal duly acknowledged the significance of this idea, and the First NRN Global Conference on October 11 2003, marked a significant milestone in the association’s journey.
This day has since been declared NRN Day by the Nepal government.
The NRN Card: A Key Identifier
An integral part of this new framework is the NRN card. This is issued by the Ministry of Foreign Affairs in Kathmandu, and these cards are distributed internationally by Nepali Embassies and Missions.
For more information regarding the NRN Card, including privileges, fee structure, validity, eligibility, and queries relating to visas and more, individuals can contact the Ministry of Foreign Affairs at +977-01-4200182 or click here to learn more.
NRN Citizenship Nepal – dual citizenship Nepal and USA
One of the primary debates in the discourse on dual citizenship in Nepal revolves around Non-Resident Nepalis or NRNs.
The New Citizenship Act 2063: A Turning Point
The conversation around NRNs took a significant turn with introduction of the New Citizenship Act 2063. Endorsed by Honorable President Ram Chandra Poudel, this act brought about a crucial change in the legal status of NRNs.
According to the provisions of this act, NRN nationals are allowed to hold dual citizenship.
What are the Rights provided to NRNs?
One of the fundamental rights given to NRNs is acquiring a Nepali passport.
This provision allows them to maintain a formal link with their country of origin, despite residing overseas.
Additionally, NRNs are granted the right to enter and work in Nepal
Another significant right extended to NRNs is the ability to own property in Nepal
Moreover, NRNs are allowed to travel with two passports, a clear departure from the country’s traditional restrictions against dual citizenship.
Non-Resident Nepali Citizenship Restrictions
NRN citizenship is often referred to as “dormant citizenship“. Despite this status, NRNs can reside, work, and own property in Nepal, meaningfully connecting them to the country.
However, this citizenship status only offers them the full range of rights that come with full Nepali citizenship.
The Democratic Exclusion: Voting and Political Participation
An essential restriction NRNs face is the inability to participate in Nepal’s democratic processes. They are barred from exercising any electoral rights, meaning they do not possess the right to vote in Nepal.
This limitation extends to national and local elections, leaving NRNs without a direct say in the country’s democratic decision-making processes.
Furthermore, their dormant citizenship status prohibits them from running for or holding various political positions.
This includes posts in the Lok Sabha, Legislative Assembly, Constitutional posts, Rajya Sabha, and Legislative Council. High-level positions, such as the Vice-president, President, and Judge of the Supreme or High Court, are also off-limits for NRNs.
Why Nepal does not allow dual citizenship
Navigating the issue of dual citizenship is a complex process for any nation, and Nepal is no exception. The country’s position on dual citizenship is outlined in the Citizenship Act of 2006, which restricts this status.
The Citizenship Act of 2006: A Firm Stance
According to this act, dual citizenship is not permitted in Nepal.
The law specifies that Nepali citizens who acquire foreign citizenship will automatically forfeit their Nepali citizenship.
Balancing Loyalty and Security
One of the primary reasons behind Nepal’s restriction on dual citizenship is the desire to ensure the loyalty of its citizens.
The government believes that by requiring individuals to choose only one citizenship, it can avoid conflicts of interest and ensure its citizens’ dedication to the country.
Moreover, there are security concerns associated with allowing dual citizenship.
Legislators fear that dual citizenship could open the door to potential security risks and illegal activities, including money laundering and terrorism.
Other Nations Sharing Nepal’s Stance
While the question of dual citizenship may seem unique to Nepal, it is worth noting that other nations also share this perspective. These include countries like…
1. Andorra
2. Austria
3. Azerbaijan
4. Bahrain
5. China
6. Djibouti
7. El Salvador
8. Estonia
9. Georgia
10. India
11. Indonesia
12. Japan
13. Kazakhstan
14. Lithuania
15. Malaysia
16. Montenegro
17. Netherlands
18. Norway
19. Poland
20. Saudi Arabia
21. Singapore
22. Slovakia
23. Tanzania
24. Thailand
25. Ukraine
26. United Arab Emirates
27. Venezuela
On a Personal Note:
The crux of citizenship in Nepal is shaped and refined by the nation’s constitutional framework.
It holds firm to the principle that no individual should bear the privilege of dual citizenship, save for those bestowed with Honorary Citizenship.
A firm stance is taken against anyone carrying two citizenships – they shall face punitive measures, a rule that remains unbiased towards race, ethnicity, or any other defining factor.
Nepal’s citizenship law is a shining beacon of impartiality and fairness.
As per the Citizenship Act of 2006, dual citizenship remains illegal in Nepal in 2023. Anyone found carrying two citizenships will face punitive measures.
The application process for citizenship in Nepal typically involves submitting an application to the Ministry of Home Affairs in Nepal, accompanied by various documents such as proof of identity, proof of residency, and a clean criminal record.
Foreign nationals can acquire Nepalese citizenship, but this is subject to certain conditions including residency requirements, proficiency in the Nepalese language, and giving up any existing citizenship.
People of Nepalese origin residing abroad cannot retain their Nepalese citizenship unless they give up their foreign citizenship.
Since Nepal doesn’t recognize dual citizenship, a person cannot be a citizen of Nepal and another country at the same time. The benefits or drawbacks would therefore depend on the individual’s circumstances and needs.
Compared to other countries that allow dual citizenship, Nepal’s stance is more restrictive. Many countries around the world allow their citizens to hold dual or multiple citizenships.
Citizens in Nepal have the right to vote, work, and live in Nepal, among other rights. They are also subject to certain responsibilities such as obeying the country’s laws, paying taxes, and serving in the military if required.
Children born to Nepalese parents in a foreign country would typically be able to acquire citizenship of the country they were born in. However, to acquire Nepalese citizenship, they may have to renounce their foreign citizenship.
The post Dual Citizenship in Nepal: Is It Really Allowed? appeared first on Source Nepal.
