Background
The Constitution of Nepal guarantees the right to citizenship to all the citizens of Nepal.1
The 2006 Nepal Citizenship Act entitles Nepali citizens who reach the age of 16 to obtain
citizenship certificates.2 The citizenship certificate is considered the most important formal
legal document, and is often required to obtain other identity documents in Nepal. Without
citizenship certificates, individuals cannot register on the voters’ list,3 register marriages or
births, buy or sell land, appear in professional exams, open bank accounts or have access
to credit for example.4 The citizenship certificate allows a citizen to exercise his/her rights
and claim State protection and social benefits.
In April 2013, the Forum for Women, Law and Development (FWLD) published a study5 it
conducted on the estimation of people without citizenship certificate in Nepal. The study
showed that, as of 16 July 2011, 23.65% of the population aged 16 and above—or 4,346,046
individuals—lacked citizenship certificates. More than four years have passed since then and
the number of people without citizenship
certificate has obviously changed.
As the citizenship certificate is the most
important document for the various
reasons outlined above, it is necessary
to have an accurate understanding of the
size of the Nepalese population who do not
currently have citizenship certificates and
project what the size of this population
may be in the future when considering the
current rate and practice of issuance of
citizenship certificates. The current report has studied both these aspects.
1.
2.
3.
4.
5.
Article 10 (1) of the Constitution of Nepal, 2015 (2072).
Section 8 of Nepal Citizenship Act, 2006 (2063).
As per the decision of the Supreme Court of Nepal on Sarojnath Pyakurel et.al. vs Office of the Prime Minister and
Council of Ministers et.al. Writ no. 2067-WS- 0017 decided on 2067 Magh 24 (07 February 2011) (NKP. 2068 Vol. 1
pp. 39-62) nobody can be registered in the voters list without citizenship certificate.
The issuance of such documentation is covered under different laws. These laws include Birth, Death and Other
Personal Events (Registration) Act, 1976; Birth, Death and Other Personal Events (Registration) Rules, 1977; Children’s
Act, 1992; Children Regulation, 1995; Passport Act, 1976; Passport Rules, 2010; Local Self Governance Act, 1999;
Local Self Governance Rules, 1999; Voters List Act, 1996; Voters List Rules, 1996; Nepal Citizenship Act, 2006; Nepal
Citizenship Rules, 2006, Citizenship Certificate Distribution Procedures Directives, 2006; Marriage Registration Act,
1971, Bonded Labour (Prohibition) Act, 2002 and the Personal Events Registration Directives, 2011.
FWLD, Acquisition of Citizenship Certificate in Nepal: Estimating Prevalence, April 2013, Kathmandu.