SWAP and RPP announce initiative to make constitutional and legal arrangements to ensure that Nepali citizenship remains intact even after acquiring foreign citizenship
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Parties including Congress, UML, NCP have expressed their commitment to amend laws to ensure the rights and privileges granted to non-resident Nepali citizens by the constitution. The Rashtriya Swayamsevak Sangh (RSS) and the RPP (Rajasthan Progressive Party) have made election promises to take the initiative to make constitutional and legal arrangements so that Nepali citizenship remains intact even if the person who has Nepali citizenship goes abroad and obtains the same citizenship there.
The Congress's manifesto, titled 'Nepali Diaspora: Unbreakable Relationship ≤ Expanded Nepal', mentions the issue of Nepalis who have taken foreign citizenship under the title 'Once a Nepali, Always a Nepali'. 'We will integrate the spirit of once a Nepali, always a Nepali, and ensure the continuity of citizenship, property and voting rights, and connect the feelings, knowledge, skills and capital of all generations of the diaspora to the prosperity of the country,' the manifesto states.
The Congress has promised to make additional legal provisions to keep the economic, social and cultural relations of the second generation of non-resident Nepalis with Nepal strong, vibrant and intimate. 'The Congress Party has been integrating the non-resident Nepali community or Nepali diaspora as an important partner in nation-building.
Our party has a key role in implementing legal provisions such as the Non-Resident Nepali Act, the Social Security Fund, and the constitutional provisions on Non-Resident Nepali Citizenship issued in 2064 BS to ensure their identity, rights, and economic and intellectual investment,' the Congress has said. 'We are continuously active in making necessary legal and policy arrangements to utilize the full potential of all generations of non-resident Nepalis, integrate the skills and experience acquired in foreign lands into the development of Nepal, and further deepen the close relationship with Nepal.'
The Congress has expressed its commitment to ensure the rights, interests, and entitlements provided by the constitution to the non-resident Nepali community based on non-resident Nepali citizenship. Unveiling the pledge in Kathmandu, Congress President Gagan Thapa said, 'The Congress is clear about the Nepali diaspora - once a Nepali, always a Nepali. For this, we will do whatever amendments are needed in our constitution and law. We have granted non-resident Nepali citizenship. But we have been very lenient with regard to the rights it should receive. It is not enough to just make the NRN Act, there are dozens of other laws, if we do not amend those laws, we will not be able to obtain the rights that NRNs have acquired.'
Stating that the party has studied the laws that prevent non-resident Nepalis from granting rights based on citizenship, President Thapa said that the legal basis for protecting ancestral property and allowing them to trade their land will be clarified. Thapa said that an agreement will be made to provide facilities in the context of double taxation and to create a permanent charitable fund for non-resident Nepalis, and institutional management will be made so that they can contribute to Nepal's universities, civil services and other bodies of Nepal even while living abroad.
Similarly, the UML has mentioned the issue of non-resident Nepalis in its manifesto under the title 'Goodwill Ambassadors of Nepal, Respect for NRNs and Meaningful Contribution to the Development of the Motherland'. 'We consider non-resident Nepalis living abroad as goodwill ambassadors of Nepal in the international community. We will arrange for representation of the Nepali diaspora in various public bodies of the country to increase its contribution to policy formulation, business promotion, investment mobilization and social development,' the UML manifesto states, 'We will protect the property of Nepalis living abroad in Nepal. We will make legal arrangements to allow them to repatriate profits earned from investments. We will provide additional tax exemptions for non-resident Nepali citizens who invest in areas of national priority.'
The NCP has mentioned in its commitment letter that it will adopt a policy to make non-resident citizenship more powerful. 'A policy will be adopted to use the knowledge, skills and earnings of non-resident Nepalis in nation-building. Effective initiatives will be taken to protect the labor rights and other rights of expatriate Nepali citizens,' the NCP's commitment letter states, 'The federal government will be asked to formulate a plan with special importance to bring investment into the country from non-resident Nepalis. Necessary laws will be made to further empower non-resident Nepali citizenship.'
Similarly, the Rashtriya Swayamsevak Sangh (RSS) has said that it will stand in favor of dual citizenship, raising the slogan 'Once a Nepali, always a Nepali'. The Rashtriya Swayamsevak Sangh (RSS) has promised to make provision for dual citizenship in the constitution if it gets a majority. The 'pledge' made public in Surkhet on Thursday by party president Ravi Lamichhane, senior leader Shah, vice-presidents DP Aryal and Swarnim Wagle, among others, promises to stand in favor of dual citizenship.
Point number 99 of the RSS's pledge states, 'The RSS sees the Nepali diaspora as the main pillar of the country's economic transformation. In addition to providing voting rights to Nepalis living abroad, we will also respect the emotional bond of non-resident Nepalis that they are once a Nepali, always a Nepali, and, with some specific exceptions, we will stand in favor of dual citizenship in principle and immediately end the administrative hassles in property rights.'
Wagle, coordinator of the committee that wrote the RSS pledge, said that if the party gets a majority, it will amend the constitution and laws to accept dual citizenship. He said, ‘We will advocate for the continuation of your citizenship on the basis of once a Nepali, always a Nepali, and when we reach a significant number and strength, we will move forward by giving it a legal form.’
The RPP has mentioned only one point regarding non-resident Nepalis. In its resolution, it has written that even if a person who has acquired Nepali citizenship through descent acquires foreign citizenship, Nepali citizenship will also continue. ‘Once a Nepali, always a Nepali will be ensured by maintaining the continuity of the citizenship of descent to utilize the skills and capital acquired by the non-resident Nepali community for the development of the country,’ the RPP’s resolution states, ‘The skills, knowledge and experience of Nepalis living abroad will be used as ‘brain gain’ to contribute to national progress.’
The Constitution of Nepal has made provisions for non-resident citizenship. However, it is stated in the law of Nepal that non-resident Nepalis do not acquire political rights. There is a provision that a person who acquires non-resident Nepali citizenship can only acquire economic, social and cultural rights. A person who has acquired Nepalese citizenship by descent also enjoys economic, social, cultural benefits and political rights. All rights including those of the President, Vice President, Prime Minister, Minister, Chief of the Security Agency, Chief of the Administrative Service of Nepal are enjoyed by persons with political rights.
Article 14 of the Constitution contains provisions regarding non-resident Nepali citizenship. ‘A person who has acquired the citizenship of a foreign country and who has previously resided in a country other than a member state of the South Asian Association for Regional Cooperation, and whose father, mother, grandfather or grandmother were citizens of Nepal by descent or by birth, and who has subsequently acquired the citizenship of a foreign country, may be granted non-resident citizenship of Nepal in accordance with the federal law, so that he or she can enjoy economic, social and cultural rights,’ the Constitution states.
