Bhutanese Citizenship Act 1958
Encyclopedia
The Bhutanese Citizenship Act of 1958, officially the Nationality Law of Bhutan, 1958, is a decree by the Druk Gyalpo King Jigme Dorji Wangchuck
, recognizing the definition of a Bhutan
ese citizen
. The Act was amended in 1977 and then superseded by the Citizenship Act of 1985.
. It also states that King Jigme Dorji Wangchuck promulgated the Act on the advice of royal advisers, the Bhutanese people, and the monastic body. They also define its name and jurisdiction – the Kingdom of Bhutan.
, or blood-based, nationality law. The provisions of this article contain the only statements of citizenship as a matter of right within the Act.
. Foreigners who have reached the age of majority and are eligible may present a petition to an official appointed by the King and take an oath of loyalty
"according to the rules laid down by the official" and be enrolled as a Bhutanese national. Eligibility for naturalization requires applicants be residents of Bhutan for more than ten years and own agricultural land within the kingdom.
Naturalization is also available to wives of Bhutanese nationals who submit a petition and take the oath of loyalty "to the satisfaction of the concerned official," provided that they have reached the age of majority and are otherwise eligible.
Those who have been deprived of, have renounced, or have forfeited Bhutanese nationality cannot become a Bhutanese national again unless the king gives his approval. The provisions of this article illustrate a high degree of discretion, particularly at the administrative level, in granting Bhutanese citizenship.
The Act's fifth article provides the basic process of naturalization as well as further conditions. Foreigners who submit a petition to the King may receive a Bhutanese Nationality Certificate provided they have served satisfactorily in Government service for at least five years in addition to the ten year residency requirement. Once the certificate is received, applicants may take the oath of loyalty "according to rules laid down by the Government" to be enrolled as a Bhutanese national. Applicants may receive a Nationality Certificate provided that in the opinion of the King their conduct and service as a Government servant are satisfactory. The provisions of this article illustrate a high degree of discretion at the highest levels of government in granting Bhutanese citizenship.
to that country; who have naturalized but have since left their agricultural land or stopped residing in Bhutan; or who are bona fide nationals but have stopped residing in Bhutan or failed to observe the laws of Bhutan all forfeit their Bhutanese nationality. This provision emphasizes continual residency as a requirement for citizenship and discourages residency abroad
.
The Act's seventh article provides further grounds for deprivation of citizenship. It states that the government may cancel Certificates of Nationality obtained on presentation of false information or omission of facts. It also provides that the government may deprive citizens of their citizenship without notice if they engage in activities or speech
against the King or the people of Bhutan; if they conduct business with, correspond with, or aid enemies during war; and if they are imprisoned in any country for more than one year within five years of attaining Bhutanese nationality. Such a provision is an example of laws on fraud
, sedition
and treason
as well as a policy against allowing serious criminals or convicted felons.
The ninth article provides that the Act supersedes all previous laws, rules and regulations, ordinances relating to the acquisition and forfeiture of Bhutanese nationality.
. The Amendments enacted further conditions and procedures for naturalization, namely lengthening the residency requirement. They further clarified the status of certain bona fide Bhutanese citizens abroad and refined the requirements and procedures surrounding census registration. The Amendments also restate loss of citizenship as the penalty for sedition
.
. After investigating, the Ministry forwards the application to the royal government.
Article KHA (ཁ) provides that the power to grant or reject applications rests solely with the royal government, and disclaims that the fulfillment of all conditions does not guarantee applicants' eligibility.
This Article also prohibits dual citizenship, naturalization of criminals, and naturalization of those "related to any person involved in activities against the people, the country and the King." This law is an example of a de jure
imputation of political opinion.
Article KHA also requires naturalized citizens to register their names in the census record of the royal government from the date of naturalization, and to take an oath
administered by the Home Minister
.
This Article codifies a particular oath of citizenship, which pledges allegiance to the King alone, pledges to obey the law and to "observe all the customs and traditions of the people of Bhutan." The oath pledges "not [to] commit any act against the country, the people and the King." The oath is then solemnized in the name of Yeshey Goempo and with a promise to serve the country to the best of one's ability.
The next Article, GA (ག), permits a Special Grant of Citizenship to foreigners with "special or extraordinary qualifications" to be granted citizenship, waiving all conditions except for the administration of the oath. This is a significant substantive and procedural departure from the original 1958 Act.
Naturalized Bhutanese citizens may renounce Bhutanese citizenship ("apply for permission to emigrate" from Bhutan) together with their family members. The government grants the request after an investigation. Thereafter, the same person may not re-apply for Bhutanese citizenship. Adult family members who wish to remain in Bhutan may apply to remain. After the Home Minister investigates the matter, the government permit adult family members to remain in Bhutan "after ascertaining that Bhutan's interest is not harmed." There are, however, no guidelines for approval, which thus appears highly discretionary.
This Article preemptively stays requests of both bona fide Bhutanese and naturalized Bhutanese citizens to emigrate during times of crises such as war.
law under the 1958 Act in explicit terms.
This Article also deprives Bhutanese citizenship from those who reside abroad outside the service of the royal government, private business, or religious practices, and who live abroad serving foreign governments and people, or who have settled abroad or hold official posts in a foreign government.
or the Dungkhag
of their birth. It further requires children of Bhutanese parents born abroad to be recorded at the Bhutanese Embassy, or through correspondence to the Home Ministry
. It allows local authorities to apply to the Home Ministry for census registration on behalf of children over the age of one. The Ministry has the authority to investigate the matter, grant, and deny registration. This is a further significant substantive and procedural departure from the original 1958 Act, which did not address census registration of infants.
Article JA (ཇ) provides that all census records must bear the seal of the royal government and the signature of an officer no lower in rank than Dzongdag
(district administrator; there are twenty in all Bhutan), and bars consideration of other records. This substantive addition to the law prevents the consideration of gewog
, village, and other civil documentation.
Article NYA (ཉ) provides that all fraudulent Kashos (certificates) not granted by the King himself be investigated by the Home Minister and reported to the royal government.
, on the tails of Bhutan's sedition
and speech laws. This law is also an example of de jure imputation of political opinion by the government due to association.
Jigme Dorji Wangchuck
Jigme Dorji Wangchuck was the Third Druk Gyalpo of Bhutan.He began to open Bhutan to the outside world, began modernization, and took the first steps toward democratization...
, recognizing the definition of a Bhutan
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
ese citizen
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
. The Act was amended in 1977 and then superseded by the Citizenship Act of 1985.
Provisions of the 1958 Act
The preamble and first two articles of the Act describe its promulgation as a series of changes to the previous nationality lawNationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
. It also states that King Jigme Dorji Wangchuck promulgated the Act on the advice of royal advisers, the Bhutanese people, and the monastic body. They also define its name and jurisdiction – the Kingdom of Bhutan.
Bona fide Bhutanese nationals
The Act's third article provides Bhutanese citizenship to residents whose fathers are Bhutanese nationals, and to children born anywhere after the enactment of the Act whose fathers are Bhutanese nationals at the time of the child's birth. This provision is an example of a patrilineal jus sanguinisJus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
, or blood-based, nationality law. The provisions of this article contain the only statements of citizenship as a matter of right within the Act.
Naturalization
The Act's fourth article provides a framework for two paths of naturalizationNaturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
. Foreigners who have reached the age of majority and are eligible may present a petition to an official appointed by the King and take an oath of loyalty
Loyalty oath
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
"according to the rules laid down by the official" and be enrolled as a Bhutanese national. Eligibility for naturalization requires applicants be residents of Bhutan for more than ten years and own agricultural land within the kingdom.
Naturalization is also available to wives of Bhutanese nationals who submit a petition and take the oath of loyalty "to the satisfaction of the concerned official," provided that they have reached the age of majority and are otherwise eligible.
Those who have been deprived of, have renounced, or have forfeited Bhutanese nationality cannot become a Bhutanese national again unless the king gives his approval. The provisions of this article illustrate a high degree of discretion, particularly at the administrative level, in granting Bhutanese citizenship.
The Act's fifth article provides the basic process of naturalization as well as further conditions. Foreigners who submit a petition to the King may receive a Bhutanese Nationality Certificate provided they have served satisfactorily in Government service for at least five years in addition to the ten year residency requirement. Once the certificate is received, applicants may take the oath of loyalty "according to rules laid down by the Government" to be enrolled as a Bhutanese national. Applicants may receive a Nationality Certificate provided that in the opinion of the King their conduct and service as a Government servant are satisfactory. The provisions of this article illustrate a high degree of discretion at the highest levels of government in granting Bhutanese citizenship.
Loss of nationality
The Act's sixth article provides the grounds for forfeiture of citizenship. Bhutanese nationals who become citizens of foreign countries where they reside; who have renounced Bhutanese nationality having settled abroad; who claim to be citizens of a foreign country or who pledge an oath of loyaltyLoyalty oath
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
to that country; who have naturalized but have since left their agricultural land or stopped residing in Bhutan; or who are bona fide nationals but have stopped residing in Bhutan or failed to observe the laws of Bhutan all forfeit their Bhutanese nationality. This provision emphasizes continual residency as a requirement for citizenship and discourages residency abroad
Expatriate
An expatriate is a person temporarily or permanently residing in a country and culture other than that of the person's upbringing...
.
The Act's seventh article provides further grounds for deprivation of citizenship. It states that the government may cancel Certificates of Nationality obtained on presentation of false information or omission of facts. It also provides that the government may deprive citizens of their citizenship without notice if they engage in activities or speech
Dissent
Dissent is a sentiment or philosophy of non-agreement or opposition to a prevailing idea or an entity...
against the King or the people of Bhutan; if they conduct business with, correspond with, or aid enemies during war; and if they are imprisoned in any country for more than one year within five years of attaining Bhutanese nationality. Such a provision is an example of laws on fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
and treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
as well as a policy against allowing serious criminals or convicted felons.
Further provisions
The Act's eighth article provides that the King may incorporate additional rules if necessary for the implementation of the Act. This article also illustrates a supreme degree of discretion and authority vested in the King, including his ability to enact ad hoc changes to the law.The ninth article provides that the Act supersedes all previous laws, rules and regulations, ordinances relating to the acquisition and forfeiture of Bhutanese nationality.
Amendments of 1977
The 1958 Citizenship Act was altered by the Bhutanese royal government in 1977 through a series of amendments titled "Act on Grant of Citizenship in Bhutan". The 1977 Amendments supersede all conflicting prior law. They 1977 Amendments introduced both substantive and procedural changes in Bhutanese citizenship law, clarifying the role of the Ministry of Home AffairsMinistry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
. The Amendments enacted further conditions and procedures for naturalization, namely lengthening the residency requirement. They further clarified the status of certain bona fide Bhutanese citizens abroad and refined the requirements and procedures surrounding census registration. The Amendments also restate loss of citizenship as the penalty for sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
.
Naturalization
In Article KA (ཀ), the residency requirement for naturalization is lengthened to 15 years for those in the service of the Bhutanese government and 20 years for all other applicants. In addition, foreigners are required to show "some knowledge" of written and spoken Bhutanese and the history of Bhutan in order to apply to the Ministry of Home AffairsMinistry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
. After investigating, the Ministry forwards the application to the royal government.
Article KHA (ཁ) provides that the power to grant or reject applications rests solely with the royal government, and disclaims that the fulfillment of all conditions does not guarantee applicants' eligibility.
This Article also prohibits dual citizenship, naturalization of criminals, and naturalization of those "related to any person involved in activities against the people, the country and the King." This law is an example of a de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
imputation of political opinion.
Article KHA also requires naturalized citizens to register their names in the census record of the royal government from the date of naturalization, and to take an oath
Loyalty oath
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
administered by the Home Minister
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
.
This Article codifies a particular oath of citizenship, which pledges allegiance to the King alone, pledges to obey the law and to "observe all the customs and traditions of the people of Bhutan." The oath pledges "not [to] commit any act against the country, the people and the King." The oath is then solemnized in the name of Yeshey Goempo and with a promise to serve the country to the best of one's ability.
The next Article, GA (ག), permits a Special Grant of Citizenship to foreigners with "special or extraordinary qualifications" to be granted citizenship, waiving all conditions except for the administration of the oath. This is a significant substantive and procedural departure from the original 1958 Act.
Renouncement and reacquisition of citizenship
Article NGA (ང) requires citizens who leave Bhutan, return, and apply for citizenship to undergo "probation for a period of at least two years." If the applicant is successful, this Article grants citizenship for applicants provided they are "not responsible for any activities against the Royal Government." This is another significant substantive and procedural departure from the original 1958 Act. The maximum duration and exact investigatory nature of the probation period are undefined, however, apparently leaving much to discretion.Naturalized Bhutanese citizens may renounce Bhutanese citizenship ("apply for permission to emigrate" from Bhutan) together with their family members. The government grants the request after an investigation. Thereafter, the same person may not re-apply for Bhutanese citizenship. Adult family members who wish to remain in Bhutan may apply to remain. After the Home Minister investigates the matter, the government permit adult family members to remain in Bhutan "after ascertaining that Bhutan's interest is not harmed." There are, however, no guidelines for approval, which thus appears highly discretionary.
This Article preemptively stays requests of both bona fide Bhutanese and naturalized Bhutanese citizens to emigrate during times of crises such as war.
Transmission of citizenship
Article CHA (ཅ) restates the patrilineal jus sanguinisJus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
law under the 1958 Act in explicit terms.
This Article also deprives Bhutanese citizenship from those who reside abroad outside the service of the royal government, private business, or religious practices, and who live abroad serving foreign governments and people, or who have settled abroad or hold official posts in a foreign government.
Registration procedure and authentication
Article CHHA (ཆ) requires all children of Bhutanese citizen fathers to be registered in the official record within one year of birth whether born inside or outside Bhutan. It also requires all children born within the country to be listed with the DzongkhagDzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
or the Dungkhag
Dungkhag
A dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
of their birth. It further requires children of Bhutanese parents born abroad to be recorded at the Bhutanese Embassy, or through correspondence to the Home Ministry
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
. It allows local authorities to apply to the Home Ministry for census registration on behalf of children over the age of one. The Ministry has the authority to investigate the matter, grant, and deny registration. This is a further significant substantive and procedural departure from the original 1958 Act, which did not address census registration of infants.
Article JA (ཇ) provides that all census records must bear the seal of the royal government and the signature of an officer no lower in rank than Dzongdag
Dzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
(district administrator; there are twenty in all Bhutan), and bars consideration of other records. This substantive addition to the law prevents the consideration of gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
, village, and other civil documentation.
Article NYA (ཉ) provides that all fraudulent Kashos (certificates) not granted by the King himself be investigated by the Home Minister and reported to the royal government.
Penalty for violations
The sole penalty is deprivation of citizenship. Article TA (ཏ) restates the 1958 law that punishes all citizens who are "involved in acts against the King or speaks against the Royal Government or associates with people involved in activities against the Royal Government" with deprivation of citizenship. This Article also punishes anyone who knowingly presents false information during naturalization with deprivation of citizenship "after due verification of the false information presented." On its face, this law represents a procedural safeguard, or an element of due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
, on the tails of Bhutan's sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
and speech laws. This law is also an example of de jure imputation of political opinion by the government due to association.
Repeal
The Act and its Amendments were superseded on June 10, 1985 by the Citizenship Act of 1985.See also
- Bhutanese Citizenship Act 1985
- Immigration in BhutanImmigration in BhutanImmigration in Bhutan has an extensive history and has become one of the country's most contentious social, political, and legal issues. Since the twentieth century, Bhutanese immigration and citizenship laws have been promulgated as acts of the royal government, often by decree of the Druk Gyalpo...
- Law of BhutanLaw of BhutanThe law of Bhutan derives mainly from legislation and treaties. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic Tsa Yig legal code, and was heavily influenced through the twentieth century by English...
- Politics of BhutanPolitics of BhutanThe Government of Bhutan is a constitutional monarchy; between 1907 and the 1950s however, Bhutan was an absolute monarchy. The peaceful march to democracy has been a steady one. The King of Bhutan is head of state. Executive power is exercised by the Lhengye Zhungtshog, or council of ministers,...
- Bhutanese refugees
- Nationality lawNationality lawNationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
- Jus sanguinisJus sanguinisIus sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...