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.
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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
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