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Councilor's Petition to His Majesty
An appeal
Submitted by
the two councilors to the
His Majesty the King, Jigmi Singye
Wangchuk
on 14th April 1989
CONFIDENTIAL
May it
please, Your Majesty
As your
loyal subjects, and having had the proud privilege of serving
Your Majesty in the Royal Advisory Council as the
representatives of the people of Southern Bhutan. We beg to
submit this petition on an issue of paramount significance for
the peace and progress of our nation. Most humbly, we submit
that the issue needs the most careful and urgent consideration
of the Royal Government. We would be falling, we believe, both
Your Majesty and the people of Bhutan if we did not bring this
matter before Your Majesty.
2.
Some alarming reports have reached us regarding the census
exercise currently underway in the southern dzongkhags.
According to these reports, we understand that:
The Census Teams are questioning the people with undue threats
and classifying them into various categories.
The Teams are demanding that people produce evidence of their
having settled in the country before 1958, even going to such an
extent of asking old people with children and grand-children
born in Bhutan to provide evidence of their arrival in Bhutan,
or else be declared non-nationals. In many instances,
citizenship Identity Cards already issued have been confiscated
or withdrawn.
Gups and chimis formerly considered knowledgeable and
authoritative sources in census matters are not being taken into
confidence and are not permitted to testify the credentials of
their village people. Some of them have even been reprimanded
for suggesting at DYT meetings more rational ways for conducting
the census.
Illiterate and simple village people are being coerced into
signing documents, the contents of which are not known to them.
This has intimidated and instilled fear in the people.
3. On
receipt of these reports, we took the liberty of inquiring about
this matter with the Department of Immigration and Census. We
were informed by the Secretary of the Department that this was a
routine population census exercise. Notwithstanding this
explanation, which was conveyed to the people, there are still
misgivings because the methods employed by the Census Teams
belie this statement. We, therefore, beg to submit that perhaps
the Census Teams have overstepped their mandate. This has
resulted in panic and confusion among the people. This is
disturbing the peace and tranquility that has reigned in the
hearts of Your Majesty's loyal subjects fostered by the
enlightened policy of the Government. This policy was clearly
reflected in Your Majesty's statement at Gaylegphug during the
National Day Celebrations in 1978 that people settled in
Southern Bhutan are true citizens and cannot be considered or
treated otherwise. The renewed confidence and national pride
generated by Your Majesty's benign policy is, however, being
undermined by the current exercise.
4.
There are widespread feelings among the people that the actions
of the Census Teams in randomly categorizing people, and
affecting the status of many citizens, are unjust and contravene
the assurance of Your Majesty. It is the humble submission of
the people that:
4.1
The classification of people as nationals, non-nationals and
people without status are based on incomplete documentation and
hearsay. The cavalier manner in which the exercise is being
carried out does not conform to the seriousness of the issue at
hand and is an affront to the dignity of the people and denial
of their inherent rights as citizens of this Kingdom.
4.2
The classifications are based on narrow and literal
interpretations of the Citizenship Act. This has resulted in the
deprivation of national status of a large segment of the
population of Southern Bhutan, particularly children. Despite
the law providing for citizenship to children born to Bhutanese
fathers before 1985, the retrospective application of 2
provision of this Act makes stateless even those loyal subjects
who have been serving the Royal Government.
4.3
The people are concerned that no distinction is made between
non-national spouses and other applicants for citizenship. In
some cases, the Teams and local Government officials have been
informed individuals concerned that the children and spouse
would be deported. This has been a source of great distress and
is shaking the very foundation of the family and society. Due to
social barriers, inter-community marriages were seldom
practiced. Even among the Southern Bhutanese, inter-caste
marriages have been rare owing to customs and traditions. These
circumstances, coupled with communication difficulties,
compelled many Southern Bhutanese to seek spouses outside the
country. Your Majesty may be aware that according to the customs
of southern Bhutan the wife becomes a part of the husband's
family and for all purposes her links with her own family are
severed after marriage. With the ongoing exercise, many families
are now being torn between their loyalty to the country and
their love and responsibility for the family.
4.4 The people are concerned that, even as the census is
underway, an order has been issued forbidding Bhutanese citizens
married to non-nationals to stand for election to the National
Assembly. This order penalizes and deprives them of their
participation in the national forum. It is also the feeling that
this order undermines the confidence of the people in this
august body.
4.5
The manner in which the Census Teams were fielded and the
disregard of the authority of gups and chimis have
led the people to believe that this is not a routine exercise as
it is made out to be. Unfortunately, this has been reinforced by
the fact that in a matter of such great significance even the
representatives of the people from Southern Bhutan in the Royal
Advisory Council were not consulted.
4.6 The historical factors which have resulted
in the settlement of the Southern Bhutanese community in the
Kingdom and the evolutionary process through which indissoluble
links have been created between the people and the land, only
emphasizes the importance of the issue of nationality and
status. The rights of property and other privileges vested in
the people over the years, and the corresponding duty to the
country through the payment of taxes, contribution of labour and
other services to the nation, underscores the nexus between this
country and the people of Southern Bhutan. The manner in which
the current census is being implemented appears to be
questioning these very bonds.
5. In connection with the whole gamut of concerns
which are now pressing for attention, we cannot help but recall
that it was at the very initiative of the people of Southern
Bhutan, urged by their desire for the security and stability of
this country, that the process of review of the Citizenship Act
of 1977 was started. This is ample proof that people fully
shared the concern of the Government to stem the possible
settlement of illegal immigrants in Southern Bhutan. The primary
responsibility for the control or unauthorized immigration has,
however, always vested with the Government. At this juncture, to
view the people with suspicion and to blame them for allegedly
colluding with the immigrants to secret them into the country is
unfair and unjust. We cannot also fall to recollect the various
occasions when Your Majesty so graciously assured the people of
Southern Bhutan that they are interests and welfare and be fully
protected in implementing laws and policies in the Kingdom. It
was in this context the representatives of Southern Bhutan in
the National Assembly raised the matter of revision of some of
the provisions of the Citizenship Act 1977 to accommodate the
concerns of the people of Southern Bhutan. However, owing to
perhaps to the diminutive voice of the Southern members in the
National Assembly, the 1985 Citizenship Act was passed. Much to
the dismay of the people in the Southern Bhutan, this
Citizenship Act echoed their worst fears by surpassing even the
provisions of the former Act in its stringency, particularly for
the people of Southern Bhutan. This is not to suggest that the
law is discriminatory or based on racial or ethnic grounds.
However, the fact that the thrust of the legislation is felt
mainly by the people of Southern Bhutan has given rise to
speculation that a bias is implicit in the law, though
unintentional. This is causing much consternation among the
people.
6. In these difficult circumstances, the people
of Southern Bhutan most humbly beg Your Majesty for protection
and relief. We have always served Your Majesty, the Royal
Dynasty and this Kingdom with unswerving faith, unfaltering
loyalty and total dedication, and it is our fervent desire to
continue to do so in the future. We prey in our deep distress
that Your Majesty may be pleased to command that:
The retrospective effect of the 1985 Citizenship Act, whereby
31st December, 1985 is fixed date as cut off date, be amended so
that the cut off date is 10th June, 1985 the date of the Act
coming into force.
The provisions of the 1985 Citizenship Act be amended so that
children born of any Bhutanese citizen automatically acquire
Bhutanese citizenship.
The provisions of the Citizenship Act 1985 be amended to provide
privileged procedures for non-national spouses of Bhutanese
citizens to acquire citizenship within the shortest possible
time.
7. We have taken the liberty of bringing these
issues before Your Majesty for most compassionate consideration.
We have done so in the conviction that Your Majesty is the sole
dispenser of our destiny and it is in Your Royal wish that the
fate and future of the people of southern Bhutan depends. May we
express our deepest gratitude to Your Majesty that we have never
had an occasion to even feel the slightest disappointment in our
lives from the wisdom of your Majesty's decision. At this
critical time, when our foundations in this kingdom are
jeopardized by the magnitude of the problems confronting the
people of Southern Bhutan, we have turned to Your Majesty with
full faith that our prayers will receive the most gracious
favour.
We humbly remain,
Your Majesty's most obedient servants,
(TEK NATH RIZAL)
(B.P.BHANDARI)
COUNCILORS
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