SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA Bhutan TABLE 53 Status of Accession of International Human Rights Treaties in South Asia Country Laws Bhutan Stateless 1 ⛔ Stateless 2 ⛔ Refugee ⛔ ICCPR ⛔ ICESCR ⛔ ICERD ⛔* CRC CEDAW ✅ ✅ * Signed but not ratified Citizenship Law ✅ ⛔ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness Jus sanguinis provisions The citizenship law of Bhutan operates solely through jus sanguinis provisions, providing that a person is considered a citizen at birth if both of their parents are Bhutanese citizens, regardless of their place of birth.2115 There is no definition of statelessness included in the citizenship legislation of Bhutan. The citizenship law of Bhutan operates solely through jus sanguinis provisions, providing that a person is considered a citizen at birth if both of their parents are Bhutanese citizens, regardless of their place of birth. Naturalized citizenship A person can apply for naturalization in Bhutan if they are 21 years of age, have lived in Bhutan for 20 years while registered in the records of the Department of Immigration and Census, “be able to speak, read and write Dzongkha proficiently”, “have good knowledge of the culture, customs, traditions, and history of Bhutan”, have good moral character, and “no record of having spoken or acted against the King, Country and People of Bhutan in any manner whatsoever”.2116 If the applicant has a Bhutanese parent, they can apply at the age of 15 with a reduced required residency period of 15 years.2117 There is no simplified or expedited process available for stateless persons or refugees. Dual citizenship Dual citizenship is not recognized in Bhutan.2118 In order to apply for naturalization, a foreign citizen must renounce their prior citizenship.2119 Treaty ratification status Bhutan has the lowest rates of treaty ratification in South Asia, and some of the lowest rates across the Asia-Pacific, being one of only five countries that are party to two or less treaties. Bhutan has only ratified the CRC and CEDAW with no reservations. The country has also signed but not ratified the ICERD. 190 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Bhutan has the lowest rates of treaty ratification in South Asia, and some of the lowest rates across the Asia-Pacific, being one of only five countries that are party to two or less treaties. In 2017, the CRC Committee recommended that Bhutan “dissociate birth registration from citizenship and simplify the birth registration procedure after the 12-month period”.2120 Further, the Committee recommended ensuring that “single mothers can register their children and ensure that children born to either a Bhutanese mother or father, including in cases when the identity of the father cannot be ascertained, are granted Bhutanese citizenship”.2121 The Committee also stressed the need for negotiations to ensure the return or resettlement of children living in refugee camps in Nepal and reunite them with their families.2122 As a party to CRC, Bhutan is obligated to ensure all children the right to acquire a nationality as well as that every birth is registered immediately.2123 During Bhutan’s Universal Periodic Review in 2019, Peru urged the country to eliminate discrimination against ethnic Nepali children, especially regarding access to education and citizenship.2124 Germany also urged Bhutan to work with Nepal to resolve the status of Bhutanese refugees of Nepali origin.2125 Several other states also provided similar conclusions for Bhutan.2126 Bhutan commented on citizenship matters, stating that “there were clear procedures laid down for the acquisition of citizenship, irrespective of ethnicity, gender or religion”.2127 The country further stated that “more than 10,000 applicants had been granted citizenship since the enactment of the Constitution in 2008”.2128 Population Reported stateless persons Bhutan reported zero stateless persons to UNHCR between the years of 2019 and 20222129. UNHCR has identified Bhutan as a country which possesses information about stateless persons but lacks any reliable data.2130 While there are no formally reported stateless populations there was concerted focus on the denationalisation and expulsion of Nepali speaking communities, the ‘Lhotshampa’, in the 1980s and –90s.2131 According to the U.S. State Department’s 2022 Human Rights Report, media and civil society have reported the existence of stateless children in Bhutan who are born to unwed mothers and unable to prove the identity of the child’s father.2132 Causes of Statelessness Lack of legal safeguards against childhood statelessness Bhutanese citizenship law does not address access to citizenship for foundlings or children born to stateless parents. The lack of legal safeguards leaves children — particularly members of ethnic minority groups who have been denied REPORT 2024 191