Nepal hosts an estimated 20,000 Tibetans. In Nepal, most Tibetans lack legal status, although
persons born in Nepal before 1990 are entitled to Nepali nationality (IOS 2019c; Tibet Justice
Center 2003, 1).
Over 100,000 Tibetans fled to India (Tibet Justice Center 2016, 5). In theory, India’s 1987
Citizenship Law grants citizenship to any Tibetan born in India between 1950 and 1987, and
by extension almost anyone born later to an Indian-citizen parent. In practice, however, Indian
citizenship remains very difficult for Tibetans to obtain due to documentation requirements
(ibid.,9). Additionally, some Tibetans in India have refused Indian citizenship since they hope to
repatriate to Tibet (McGranahan 2018, 367).
Although China considers Tibetans to be Chinese nationals, many Tibetans lack Chinese
documentation and refuse to acquire Chinese nationality on ideological grounds, as they perceive
that it would legitimize China’s claim to Tibet (Tibet Justice Center 2016, 62-63). As a
consequence, many Tibetans born in Tibet, India, or Nepal are potentially stateless or potentially
at risk of statelessness.
The Jogi are a semi-nomadic tribe from the Jat ethnic group living in northern Afghanistan (ISI
2014, 79). They have lived in Afghanistan for hundreds of years and are thought to number
between 20,000 and 30,000 (Frotan 2019; Samuel Hall Consulting 2011, 4). Most Jogi do not
possess and cannot secure a national identification card (ID) that provides proof of nationality,
and the Afghan government does not recognize them as citizens (ISI 2014, 79). Afghan Jogi are
potentially stateless or potentially at risk of statelessness.
Several ethnic groups from India are potentially stateless or potentially at risk of statelessness,
including Chakmas and Hajongs from Bangladesh, Tamil refugees from Sri Lanka, individuals born
in Pakistan who arrived in Kashmir around the time of the partition of Pakistan’s partition from
India, and Nepali-speaking refugees from Bhutan.
In addition, Indian nationality law makes it difficult for the children of stateless parents to gain
Indian nationality, and many children born in India to parents from these groups are potentially
stateless or potentially at risk of statelessness.
In particular, Indian law grants automatic citizenship to those born in India between January 26,
1950, and July 1, 1987, when a new nationality law went into effect. After that date, in order to
acquire Indian citizenship, children born in India must have had at least one parent with Indian
citizenship. In 2003, India further tightened its citizenship laws. As of 2019, a child born in India is
only entitled to Indian citizenship if at least one parent is an Indian citizen and the other is legally
present in India (Ashesh and Thiruvengadam 2017). Children born in India after 1987 to stateless
parents are potentially stateless or potentially at risk of statelessness. Some children born prior to
1987 to stateless parents may also become stateless if they cannot furnish proof that they were
born in India.
Chakmas and Hajongs
The Chakmas and Hajongs are originally from the Chittagong Hill Tracts of the former East Pakistan
27
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