Prime Minister Oli makes wrong claim about citizenship

South Asia Check / March 4, 2016

During his recent India visit (February 19–February 24), Prime Minister KP Sharma Oli spoke at the Sapru House in New Delhi about citizenship provisions in Nepal’s constitution. “The constitution ensures that all Nepali people have the right to citizenship. The citizenship can be obtained both in the name of father and mother. There is no discrimination aimed at any segments of Nepali society.”

We checked if his claim is fact-based.

First provision

The new constitution restricts people with naturalized citizenship from some of the highest offices in the country.  Article 289 (1) of the constitution has stated that “in order for a person to be elected, nominated or appointed as president, vice-president, prime minister, chief justice, speaker of parliament, chairperson of the national assembly, head of province, chief minister, speaker of provincial assembly and chief of security bodies, the person must have obtained Nepali citizenship by descent.”

Therefore this provision is discriminatory to people with naturalized citizenship.

Second provision

Clause (2) of the new constitution has further mentioned that the candidate with Nepali citizenship by descent or birth or naturalization is qualified for other posts of the constitutional bodies. For this, the candidate with naturalized citizenship must have lived in Nepal for at least ten years. But those with citizenship by birth or women with matrimonial naturalized citizenship are qualified for the other positions in constitutional bodies if they have lived in Nepal for not less than five years.

Therefore, according to the constitution, a foreigner woman who has received naturalized citizenship after marrying a Nepali man will be eligible for holding office in constitutional bodies after residing in Nepal for five years. But for a foreign man married to a Nepali woman and who has received naturalized citizenship will have to wait for 10 years for the same.

Therefore, the constitution is discriminatory to foreigner men with Nepali citizenship who are married to Nepali women.

Read also:

New constitution has indeed removed some provisions of the Interim Constitution

Citizenship provision in new constitution is discriminatory against women

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