In the general election, the Rashtriya Swayamsevak Sangh (RSS) had prioritized the concerns of NRNs, including citizenship and voting rights, in its manifesto. The policies and programs of the government formed after the election also mentioned that necessary legal and policy reforms would be made to make the system related to NRN citizenship effective. Similarly, in his first address to the parliament, RSP President Ravi Lamichhane and Finance Minister Swarnim Wagle had assured that the slogan ‘Once a Nepali, Always a Nepali’ would be implemented in practice.

These commitments and declarations had raised great hopes among NRNs who had been waiting for citizenship for decades. But the law related to NRN citizenship has not yet progressed.

Constitutional provision

Article 14 of the Constitution of Nepal provides for NRN citizenship with economic, social and cultural rights for persons of Nepali origin who have acquired foreign citizenship. But even after more than a decade of the promulgation of the constitution, this provision has not been fully implemented. Various amendments to the law are necessary for its full implementation. Nearly seven years after the promulgation of the constitution, the Citizenship Act was amended to grant citizenship to non-resident Nepalis, under which more than seven thousand non-resident Nepalis have obtained citizenship. However, this citizenship has remained limited to paper as government agencies including Land Revenue, Immigration, Company Registrar, Banks and Financial Institutions do not recognize it. The main reason for this is the lack of a ‘Non-Resident Nepali Act’ to clarify the scope of economic, social and cultural rights guaranteed by the constitution.

Also, the ‘Non-Resident Nepali Act’ alone does not solve all the problems. Non-resident Nepali citizenship is linked to dozens of laws including land, immigration, national identity cards and registration, foreign investment and technology transfer, and the Companies Act.

The commitment of the RSP government and the current situation

After the formation of the RSP government, the newly elected working committee of the NRNA met Foreign Minister Shishir Khanal and urged him to submit the ‘Bill on Non-Resident Nepalis’ to the parliament as soon as possible. The minister had assured that the bill would be prepared within a month. Immediately after that, the ministry called the NRNA for a discussion, where the association expressed the view that many improvements were needed in the draft prepared by the ministry. Although it is understood that the bill was revised after consultations with stakeholders including the NRNA, the issue of its submission to the annual session of the parliament is still unclear.

Since non-resident Nepali citizenship is interrelated with dozens of laws, it is understood that the ministry is thinking of making a unified law covering all issues. But when the interrelationship between the laws has been identified, it does not seem appropriate to delay further based on this.

NRNA had suggested that the Council of Ministers should take immediate decisions to pave the way for urgent and immediate solutions to issues such as recognizing the use of NRN citizenship in land revenue, immigration, banks and financial institutions, and obtaining a national identity card, as it would take time for the NRNA to pass the NRN Act and implement it. But the government did not adopt the option of moving in that direction.

Compulsory provision to renounce Nepali citizenship

Many non-resident Nepalis have taken foreign citizenship out of necessity for their children's education, employment, pension facilities and ease of daily life. Therefore, it is necessary for the government to prioritize these common non-resident Nepalis while formulating policies. According to the current law, to obtain NRN citizenship, one must renounce previous Nepali citizenship (descendant or naturalized). The Citizenship Act, 2020 and the amendment of 2063 BS have also made a provision that Nepali citizenship will not be retained after acquiring foreign citizenship (Section 10 of the Act). The NRNs, on the other hand, believe that the state cannot take away their natural right to retain the citizenship of descendants.

This problem could have been solved by amending Section 10 of the Citizenship Act before the 2072 constitution. But after the provision of 'Non-Resident Nepali Citizenship' in the constitution, most legal experts and the Ministry of Foreign Affairs are of the opinion that a constitutional amendment is necessary to maintain the previous citizenship. However, some legal experts have argued that the continuation of the citizenship of descendants can be provided by amending the Citizenship Act alone. The NRNA has suggested through the 'Constitution Amendment Paper Preparation Task Force' formed by the government to ensure the continuation of the previous Nepali citizenship from the constitution.

A single solution is not enough

The continuation of the citizenship of descendants alone does not solve the problems of all non-resident Nepalis. Because acquiring citizenship of a country that does not have a dual citizenship system requires giving up Nepali citizenship. In addition, continuity of descent citizenship is not relevant for second-generation non-resident Nepalis who acquired citizenship of a foreign country before Nepal, foreign citizens married to Nepali citizens and their children, and communities of Nepali origin (PNO) who have been living in countries like Burma, Thailand, Malaysia, and Fiji for generations. The PNO community has been demanding a non-resident Nepali identity card to strengthen ties with Nepal rather than citizenship.

Therefore, it is necessary to advance continuity of descent citizenship, non-resident Nepali citizenship, and non-resident Nepali identity card together to connect all types of non-resident Nepalis with Nepal.

Who cares about citizenship?

In fact, most of the people leading the NRNA have not acquired foreign citizenship. Their financial situation is different from that of ordinary non-resident Nepalis. Many non-resident Nepalis have taken foreign citizenship out of necessity for their children's education, employment, pension facilities, and ease of daily life. Therefore, it is necessary for the government to prioritize these common non-resident Nepalis while formulating policies.

There is also an attempt to present the issue of citizenship as an issue only for a few hundred thousand Nepalis living in Western countries. But the number of a few hundred thousand Nepalis is not small, and their ability to contribute economically and intellectually to Nepal should be taken into account. The issue of citizenship should not be viewed only in terms of the number of votes received in elections.

Opportunity may be lost

Most of the Nepalis living abroad are from the first generation that went abroad after 1990, especially during the Maoist conflict. The average age of those who went abroad at a young age is now about 50 years old. After living abroad for a long time, they have become financially established and have also made their children self-reliant.
This is why many non-resident Nepalis are now interested in returning to Nepal and using their capital, knowledge, and skills in the country. The responsibility towards elderly parents in Nepal has also given further strength to this desire.