In 1865, British India and Bhutan signed the Treaty of Sinchula,
under which Bhutan would receive an annual subsidy in exchange
for ceding some border land. Under British influence, a monarchy
was set up in 1907; three years later, a treaty was signed
whereby the British agreed not to interfere in Bhutanese
internal affairs and Bhutan allowed Britain to direct its
foreign affairs. This role was assumed by independent India
after 1947. Two years later, a formal Indo-Bhutanese accord
returned the areas of Bhutan annexed by the British, formalized
the annual subsidies the country received, and defined India's
responsibilities in defense and foreign relations.
The Nationality Law of Bhutan, 1958
Having
found necessary to amend the law relating to the acquisition and
deprivation of Citizenship, which has been in force till date.
His majesty the Druk Gyalpo, in accordance with the suggestions
put up by the Royal Advisors, people and the monastic body, is
pleased to incorporate the following changes:
1. This law may be called the National Law of Bhutan 1958 and shall
be effective throughout the Kingdom of Bhutan.
2. This law shall be in force throughout the Kingdom of Bhutan from
the day of its enactment.
3. Any person can become a Bhutanese National:
a) If his/her father is a Bhutanese National and is a resident of
the Kingdom of Bhutan;
or
b) If any person is born within or outside Bhutan after the
commencement of this law provided the previous father is a
Bhutanese National at the time of his/her birth.
4.
(1) If any foreigner who has reached the age of majority and
is otherwise eligible, presents a petition to an official
appointed by His majesty the Druk Gyalpo and takes an oath of
loyalty according to the rules laid down by the official, he may
be enrolled as a Bhutanese National provided that:
(a) the person is a resident of the Kingdom of Bhutan for more than
ten years and
(b) owns agricultural land within the Kingdom.
(2) If a woman, married to a Bhutanese National submits
petition and takes the oath of loyalty as stated above to the
satisfaction of the concerned official and that she has reached
the age of majority and is otherwise eligible, her name may be
enrolled as a Bhutanese National.
(3)
If any person has been deprived on his Bhutanese Nationality or has renounced his Bhutanese Nationality or
forfeited his Bhutanese Nationality the person cannot become a
Bhutanese National again unless His Majesty grants approval to
do so.
5. (1) If any foreigner submits petition to His
Majesty according to rules described in the above sections, and
provided the person has reached the age of majority and is
otherwise eligible, and has served satisfactorily in Government
service for at least five years and has been residing in he
Kingdom of Bhutan for at least 10 years, he may receive a
Bhutanese Nationality Certificate. Once the certificate is
received, such a person has to take the oath of loyalty
according to the rules laid down by the Government and from that
day onwards, his name will be enrolled as a Bhutanese National.
(2) Any foreigner who as reached the age of majority and is
otherwise eligible, can receive a Nationality Certificate
provide that in the opinion of His Majesty his conduct and his
service as a Government servant is satisfactory.
6. Any person who:
(a)
become a national of foreign country and resides in that country;
or
(b) has renounced Bhutanese nationality and settled in a foreign
country;
or
(c) claims to be citizen of a foreign country or pledges an oath of
loyalty to that country;
or
(d)
registered as a Bhutanese national but has left his agricultural
land or has stopped residing in the Kingdom,
or
(e) being a bona-fide national has stopped residing in the country or fails to observe the laws of the Kingdom:
shall forfeit his nationality.
7.(1) If a Nationality Certificate has been obtained on
presentation of false information or wrong facts or omission of
facts, the Government may order the Certificate to be cancelled.
(2)(a) If any citizen or national, engages in activities
against His
Majesty the Druk Gyalpo or speaks against His Majesty, or
the people of Bhutan;
or
(b) When Bhutan and India are engaged in a war with some
other country if any citizen or national of Bhutan is found
indulging in business, correspondence or helping the enemies;
or
(c) If any person within the period of five years from
the day when he was enlisted as a Bhutanese National, if
imprisoned in any country for more than one year, the person is
liable to be deprived of his nationality without prior notice.
8. To implement this law, His majesty the Druk Gyalpo may
incorporate any additional rules if necessary.
1. This law supersedes all laws, rules and regulations, ordinances
relating to the acquisition and forfeiture of nationality from
the day of its commencement.
|
f any person has been deprived on his Bhutanese Nationality or has renounced his Bhutanese Nationality or
forfeited his Bhutanese Nationality the person cannot become a
Bhutanese National again unless His Majesty grants approval to
do so. |
