South Asia State of Minorities Report 2019
who cannot afford effective legal representation. Taken together
with the passage of the Citizenship (Amendment) Act 2019, this
arbitrariness and discrimination, mostly directed at Muslim groups,
is being institutionalised under the current Hindu-majoritarian
dispensation, with citizenship laws effectively being used for
political ends, significantly amplifying the mass production of
statelessness.
Nepal
While Tibetan and Bhutanese refugees account for almost all of
Nepal’s refugee population (64 per cent and 31 per cent respectively),
more than 500 refugees and asylum-seekers from other countries
have been living in Nepal since the early 1990s. Nepal has also
been hosting a small community of Rohingya refugees who have
made their way into Nepal since 2012.
Both Tibetan and Bhutanese refugees in Nepal had been subject
to religious persecution and human rights violations prior to their
exodus from their home countries. Currently, there are over 13,000
Tibetan refugees, spread in 14 different settlements across Nepal.
At present, the Nepal government recognises only those Tibetans
who crossed the border before 1989 as refugees; anyone coming in
after that year is considered an illegal immigrant. After 1994, Nepal
stopped issuing refugee cards (RCs) to children who turned 16 even
if they were born to parents holding RCs, leaving many stateless.
Fewer than 25 per cent of the Tibetans in refugee settlements hold
RCs, which provide the holder with the right to reside and travel in
Nepal. Without RCs, refugees live in constant fear of deportation
and are subject to exploitation by authorities.
Of the over 108,000 Bhutanese refugees initially housed in seven
camps in Nepal, only an estimated 6,500 remain in Nepal. The rest
have now left for third-country resettlement to eight countries
around the world. Many of the refugees remaining in Nepal are
those who were unable to apply for third-country resettlement
owing to lack of valid RCs. For others, the reasons for staying
back are varied. Many of the Bhutanese refugees in Nepal await
one of three solutions: repatriation to Bhutan, resumption of the
third-country resettlement programme or assimilation in Nepal as
Nepali citizens.
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