Economic, Social and Cultural Rights of Non-Resident Nepalese

Economic, Social, and Cultural Rights of Non-Resident Nepalese

While many Nepalese citizens have ventured abroad in search of better opportunities, there is also a considerable population of Non-Resident Nepalese (NRNs) who maintain strong ties with their homeland and seek for an opportunity to return or at least contribute towards the betterment of the country.

In recognition of this diaspora, Nepal has recognized certain rights and privileges for NRNs, to further strengthen their connection with their motherland.

The Constitution of Nepal 2072, with its second amendment, has introduced the Non-Resident Nepali Citizenship. The Constitution ensures the economic, social, and cultural rights of NRNs. The Constitution has also defined an NRN as a person of Nepal origin obtaining citizenship of any country other than countries under the South Asian Association for Regional Cooperation (SAARC). Similarly, the Non-Resident Nepali Act 2064 also shares the same notion.

Ensuring the rights guaranteed under the Constitution, Nepal Citizenship Act 2063 was amended in 2079, which came into force after the authentication by the President on 17/02/2080 B.S.  The Act incorporated the provisions relating to the obtainment of Non-Resident Nepali Citizenship.

Furthermore, a bill has been proposed to amend the existing Non-Resident Nepali Act 2064 that will elaborate on economic, social, and cultural rights envisioned by the Constitution.

Significant Rights and Facilities under the proposed bill can be classified as follows:

Economic and Social Rights and Facility:

  1. Property Ownership

One significant aspect of the rights of NRNs in Nepal is their ability to own property. A person holding a Non-Resident Nepali Citizenship may exercise the right over the movable or immovable property located in Nepal as a citizen of Nepal i.e., they can buy, sell or dispose property without any restrictions as long as the threshold of property ownership is maintained. They can also exercise their right over ancestral property.

  1. Business and Investment Opportunities

A person holding a Non-Resident Nepali Citizenship may carry out any business in Nepal as a Nepali citizen. They will not require to obtain Foreign Investment approval prior to investing which is currently a hurdle for NRNs to bring in investment in the country. The bill has also widened the sectors for Foreign Investment, especially for NRNs by allowing investment in sectors that are restricted for foreign investors.

  1. Employment Opportunities

The bill has also incorporated employment opportunities for NRNs in Nepal. A person holding Non-Resident Nepali Citizenship may get the opportunity to work in any government, non-government, organized, or unorganized sector as a Nepali citizen. However, some positions such as Head of Constitutional or Judicial Organs, service in Nepal Army/Nepal Police, Nepal Special Services, and Diplomatic Services will be still restricted.

Cultural Rights

  1. Right to Education

A person holding a Non-Resident Nepali Citizenship, or their family members may exercise their right over education as Nepali citizens. Basic education shall be provided for free in a community educational institution.

  1. Intellectual Property Protection

Any Intellectual Property belonging to a person holding Non-Resident Nepali Citizenship shall be protected pursuant to prevailing laws relating to IP as local.

Political Rights

  1. The constitution, prevailing Act and proposed bill is silent regarding political right. A person holding a Non-Resident Nepali Citizenship will not get political rights i.e., they will not be able to cast a vote or participate in any elections.

Some other facilities and privileges provided to the NRNs:

  1. A person holding Non-Resident Nepali Citizenship is not required to obtain any additional permission from the relevant authority to enter Nepal.
  2. Foreign nationals of Nepalese origin must obtain permission from the relevant authority to enter Nepal.
  3. A residential Visa is not required for a person holding Non-Resident Nepali Citizenship to reside in Nepal.

The rights of Non-Resident Nepali in Nepal are a testament to the country’s commitment to its diaspora and its desire to strengthen the ties between its citizens living abroad. These rights provide NRNs with the opportunity to invest in their homeland, access economic and social services, and maintain their cultural identity. However, the bill is not passed yet, and hence we will have to wait to see whether it will be successfully passed in the coming days.