Bhutan to accept the people from categories I and IV
Kathmandu, November 18: Bhutan has agreed to take back those people falling under category I and IV as per the verification by Joint Verification Team of Nepal and Bhutan government.
According to the information given by head of EU Troika team Pekka Mesto, who recently visited Bhutan, the Bhutan government has expressed its willingness to accept those failing under the two categories.
He, however, said the number of people to be accepted has not been determined.
He urged the governments of Bhutan and Nepal to solve the problem at the earliest so that the huge amount being spent to fund the exiled Bhutanese would be turned to development activities.
He said third country settlement is only an option if repatriation all exiled Bhutanese could not take place.
While in Bhutan, the EU Troika team had asked the Bhutanese government to allow the formation of political parties as soon as possible. Bhutan News Service
=================================
See the details of the JVT below
Results of the Verification and Categorisation by JVT.
Only 2.4 pc refugees recognised as bona-fide Bhutanese June 19, 2003
Children are classified as criminals in JVT Report
Verification
The Nepal- Bhutan Joint Verification Team has begun their meeting in Damak Jhapa, Nepal to review the appeals/complaints filed by the exiled Bhutanese of Khudunabari camp. The JVT meeting will take up the appeals/complaints of only those exiled Bhutanese, classified as non-Bhutanese national by the JVT report, even though 94 percent of verified people, not satisfied with their categorisation have filed appeals/complaints to the JVT. The JVT had categorised 2,948 refugees in Category 3 as non-Bhutanese. The JVT meeting set February 15, 2004 for the completion of the verification of the appeals of these refugees.
=================================
Repatriation Options
The 14th Bhutan-Nepal Ministerial Joint Committee ( MJC) meeting held on May 19-22, 2003 issued a Joint Press Release. The two Foreign Ministers released the Agreed Position on the Four Categories (APFC) of refugees on March 22, 2003, though they had already harmonised their position on four category of refugees during the Twelfth round of MJC held in Kathmandu on February 06, 2003. Clauses 2 (c) and (d) of the APFC signed by the two countries state as follows. Clause 2 (c) envisages that 'In a liberal interpretation of the Bhutanese Citizenship and Immigration Laws, people falling under this category ( 2) and desiring to return, will be given the option to re-apply for citizenship'. Similarly Clauses 2 (d) states that 'Likewise, people under this category, who do not wish to return to Bhutan, will be given the option to apply for Nepalese citizenship in accordance with laws of the Kingdom of Nepal'. Thus, the refugees have only two options- either to apply for repatriation to Bhutan under the terms and conditions of the Royal Government of Bhutan or to apply for Nepalese citizenship.
=================================
Bhutan's Terms of reference for Repatriation
(The Bhutanese members of the Joint Verification Team ( JVT) unilaterally distributed the following Terms of Reference for the repatriation of Bhutanese refugees of Khudunabari camp, after the declaration of the results of verification and categorization on June 18, 2003. However, the Nepalese members of the JVT reportedly have not accepted this Terms of Reference
Re-Application For Bhutanese Citizenship
Re-application for Bhutanese citizenship is permitted under the 1977 Citizenship Act of Bhutan and the Amendments to the 1985 Citizenship Act as passed by the National Assembly in 1988. Article NGA-1 of the Bhutan Citizenship Act 1977 states that "In case of Bhutanese citizen, who having left the country returns and applies for citizenship, the Royal Government shall keep the applicant on probation for a period of at least 2 years. On successful completion of the probation period, the applicant will be granted citizenship provided the person in question is not responsible for any against the Royal Government. ". As per clause-5 of the Amendment to the 1985 Citizenship Act, "Bhutanese nationals who have earlier emigrated from the country are permitted to apply for citizenship provided that they have clearly stated the reasons for their departure and approval of the government has been accorded. Those who have emigrated without prior approval of the government shall no be entitled to citizenship on their return". During the 12th MJC, ( Nepal-Bhutan Ministerial Joint Committee meeting – Eds.) the Royal Government agreed that, in a liberal interpretation of the Bhutanese Citizenship and Immigration Laws, people falling under Category 2 (Bhutanese who emigrated) and desiring to return, will be given the option to re-apply for citizenship.
People falling under category 2 who want to avail of the option to re-apply for Bhutanese citizenship will have to come to Bhutan to present their application as required by the law.
In accordance with Bhutan's citizenship laws, the Royal Government will have to keep the applicants on probation for period of at least 2 years.
During the probation period, the applicants will be issued with a special identity card (Special Re-Application Card) and provided employment for their livelihood.
All procedures for re-application shall be conducted at designated offices of the Registration Department, Ministry of Home Affairs within Bhutan. The applicants shall apply by duly filling the forms KA-(A) and KA-(B).
The applicants shall indicate their agreement to abide by terms and conditions for re-applications of Bhutanese citizenship by signing form KA-(C).
=================================
Guidelines for repatriation of people falling
UNDER CATEGORY 1
Repatriation
All repatriation activities shall be conducted on a voluntary basis. Any family or members of the family falling under category 1 choosing not to return to Bhutan shall not be repatriated on compulsion against their wish.
On the basis of the application for repatriation, the JVT will compile a list of persons under category 1 who wish to be repatriated to Bhutan. These persons shall be shall be repatriated under the first phase of the repatriation exercise.
The members of the JVT should accompany the people up to the Indo-Bhutan border, The Royal Government of Bhutan shall take over the people from the border according to the list and thereafter it shall be the responsibility of the Ministry of Home Affairs.
Restoration of the citizenship
The citizenship status of these people shall be restored fully on arrival in the Kingdom through census registration and issuance of the Citizenship Identity Card by the Department of Registration.
Interim arrangement before the settlement
The Royal government of Bhutan will provide the people with employment until they are settled.
Settlement and allotment of farming land.
People who had left the country without selling their land shall be compensated with free allotment of land equivalent to their registration record.
On receipt of the duly completed re-application forms and if these have been found to be in order, the concerned persons will be registered for re-application for Bhutanese citizenship.
On registration, a Special Re-Application Card (SRC) will be issued by the Registration Department to the concerned persons.
=================================
FORM KA-(A)
Application Form For Bhutanese Citizenship
The Hon'ble Home Minister,
Ministry of Home Affairs,
Tashichho Dzong,
Thimphu,
Sir,
I have the honour to re-apply for the Bhutanese citizenship according to Article NGA 1 of the Bhutanese Citizenship Act, 1977.
In the event that my re-application for Bhutanese Citizenship is approved by the Royal Government of Bhutan. I am prepared to take Oath Allegiance pledging my full loyalty and devotion to the King, Country & people of Bhutan. I am also prepared to faithfully abide by all the laws of Bhutan and to perform all the duties required of a faithful subject to His Majesty the King of Bhutan.
The Form KA-B and C duly filled in a are submitted here with.
Yours faithfully,
(Signature of applicant)
Name of applicant………………………………….
(Stamp for Nu. 100/-)………………………………
Date and place……………………………………..
=================================
FORM KA-(B)
Application Form For Bhutanese Citizenship
Passport size photograph……………
Name of applicant…………………
Date of Birth …………………
Place of Birth ………………….
Address ………………………
Education qualification ……………..
Profession ………………….
Identification mark. If any …………..
Name of father ………………..
Name of mother ………………..
Reason(s) for re-applying for Bhutanese citizenship ………………
If married:
Name of husband/wife …………….
Date of birth of husband/wife …………………
Whether husband/wife is a Bhutanese Citizen …………………
Place and date of issue of Marriage Certificate ……………..
Particular of each children with birth certificate attached:
SN : NAME: SEX: DATE OF BIRTH
=================================
KA-(C)
Terms And Conditions For Re-Application
All members of a family must be physically present at the designated office while submitting the re-application forms.
A member of a family cannot apply on behalf of the other family members who are in the camps.
An individual form on the camp cannot apply for family members form other camps.
The minimum period of probation will be at-least 2 years.
The re-applicant must reside in the country for the entire period of the probation.
He/she must not be engaged in activities that contravene the laws of the country.
He/she must be able to speak Dzongkha.
He/she must have good knowledge of the culture, customs, traditions and history of Bhutan.
The re-applicants shall not be associated with activities of any anti-national organization/individuals.
The persons must have no record of having spoken or acted against the King, Country and People of Bhutan in any manner whatsoever.
If the conduct of the applicant is found satisfactory at the end of the probation period, he/she may granted the citizenship in accordance with the Citizenship Laws (Fulfilment of the criteria).
In testimony of having read and accepted the terms and conditions laid above, I hereby affix my signature on the date place mentioned hereunder
Place………………………..
Date…………………………
(Signature)