
Nepal is going beyond just counting its population in its 12th National Population and Household Census, and this is throwing up issues of identity and citizenship.
Postponed from June to November because of the second Covid-19 wave, this is the country’s first census under a federal system. But Nepalis without citizenship have launched a campaign refusing to participate, encouraging others like them to deny census officials from entering into their homes.
“Those of us raised by single mothers have become stateless,” said Indrajit Safi, a civil engineer and national coordinator of the activist collective Nagariktabihin Nepali (Nepalis Without Citizenship). “If we are denied citizenship despite our parents having been Nepali citizens, what is the point of participating in the census?”
Stateless Nepalis have been mobilising across various social media groups to urge others without citizenship to boycott the census, saying that the foundation of the national count was built on ‘a violation of the Constitution that has made Nepali youth stateless’.
In 2013, the Forum of Women, Law and Development (FWLD) conducted a study Acquisition of Citizenship Certificate in Nepal: Estimating Prevalence, to conduct its own ‘census’ of the number of Nepalis who did not have citizenship documents.
It used data for the number of Nepalis aged 16 and above from the 2011 census as well as the number of citizenship certificates issued by the Home Ministry from 1952 until 2010 as the main parameters.
The result of the study estimated the number of Nepalis without citizenship at 4.6million, and projected that at the rate of population growth at the time the number of stateless Nepalis would increase to 6.7 million by 2021.
"If the Citizenship Act is not amended, we will also obstruct the upcoming elections," Safi added at a meeting on Wednesday. “This discriminatory Constitution must be amended as soon as possible.”
Activist Deepti Gurung, who raised her two children as a single mother recalled how a school teacher tore up her daughter’s SLC registration form because it did not mention the name of the father, and another where her younger daughter’s birth certificate included श्रिमान ठेगान नभएको (Husband not known) as the name of her father.
“I was introduced as an unwed mother in front of the CDO officials,” Gurung says. “And I would be constantly asked to detail the story of what ‘actually happened’ with regards to the father, as if officials were more concerned with keeping records of such incidents. What I experienced is that women must provide a narrative of being pure of character who have been victimised by bad men who led them to their circumstance— to appeal citizenship for their children.”
Gurung eventually filed writ petitions in the Supreme Court to get her daughters birth and citizenship certificates. She was able to win both the cases.
And while Gurung hoped that the court ruling in her case would be a precedent she was informed that this was being done in a "case-by-case basis". “So we have not really won,” she says.
Activists point to articles in the Constitution related to citizenship that treat women differently from men, and are discriminatory. Under Article 11(5), for instance, children born to a Nepali father and a foreign-born mother are eligible for citizenship by descent, while those born to a Nepal-born mother and a foreign-born father will be granted naturalised citizenship, with less privileges.
Politicians have used nationalism to justify this, saying that allowing offspring of foreign men citizenship would lead to a surge of Indians marrying Nepalis. Activists and politicians, especially in the Tarai, say this is absurd.
The other thorny issue in the November census is how to conduct the census in the disputed border areas of Kalapani and Limpiyadhura. Rival claims to the territory strained relations between India and Nepal after Prime Minister K P Oli got Nepal’s Parliament to unanimously pass an amendment bill to include the territory in its national emblems and its own political map.
Now, the question is how to conduct a census in the remote mountainous region at the northwestern tip of Nepal that is occupied by India. In 1961, journalist Bhairab Rijal was one of the enumerators who was assigned to conduct the census in Kalapani, and says it was within Nepal’s boundary then.
