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The southern Bhutanese people
alarmed at the methods employed by the census teams with
threat of eviction and deportation apprised Mr. Tek Nath Rizal,
the then member of the Royal Advisory Council to take up the
matter with the government. Mr. Rizal then enquired with the
Secretary, Department of Census and Immigration, who in turn
said that it was a routine exercise. Notwithstanding this
explanation, Mr. Rizal was convinced that the census teams
deliberately overstepped their mandate. The census team armed
with the totally discriminatory and biased mandate randomly
categorized the people, which affected status of many
Lhotshampa citizens.
Alarmed at the grave political
consequences of the discriminatory census exercise, which
could disturb the peace and tranquillity of the country and
jeopardise its integrity, Mr. Rizal as a true patriot and
nationalist verbally apprised King Jigme Singye Wangchuck of
the disastrous political implications of the implementation of
the Act. The King then, asked Mr. Rizal for a written
representation.
Accordingly,
Rizal submitted a petition to the King and prayed that: (a)
The classification of people as Bhutanese, non-Bhutanese and
stateless were based on incomplete documentation and hearsay,
the cavalier manner in which the census exercise was carried
out was inconsistent to the gravity of the issues and was
affront to the dignity of people and denial of their inherent
rights as citizens of Bhutan. (b) Since the classification of
the citizens was based on the narrow and literal
interpretation of the Act, a large segment of southern
Bhutanese, particularly, the children were deprived of their
national status. (c) No distinction was made between the
non-Bhutanese spouses and other ordinary alien applicants for
citizenship. The census teams and the local government
officials threatened to deport the spouses and children of
southern Bhutanese.
He prayed that this had been a
source of grave distress which tend to shake the very
foundation of family and society. Among the southern
Bhutanese, inter-caste marriages have been rare due to their
customs and traditions, let alone inter-community marriages.
These circumstances compelled many southern Bhutanese to seek
spouses from outside the country. According to the customs of
southern Bhutanese, wife becomes an integral part of the
husband's family and her links to her own family are severed
after marriage. With the then on-going census exercise many
families were expected to be torn between their loyalty to the
country and their responsibilities for family.
Under such circumstances, Rizal
further prayed that the King may please review the Act and
command that (1) The retrospective effect of the Citizenship
Act 1985, whereby the 31st December, 1958 was fixed as the
cut-off date is re-fixed at 10th June, 1985, the date of
enactment of the Act. (2) The provisions of the Citizenship
Act, 1985 be amended so that the children born of any
Bhutanese citizen automatically acquire Bhutanese citizenship.
(3) The provisions of the Citizenship Act, 1985 be amended to
provide procedures for non-Bhutanese spouses of Bhutanese
citizens to acquire citizenship within shortest possible time.
This was a patriotic appeal.
But the government, instead of addressing the problems in its
political context, branded Mr. Rizal as an instigator and
anti-national and charged him with sedition and treason and
subjected him to inhuman humiliation. He was terminated from
the government service and was arrested. He was not allowed to
speak to more than two people at a time. Under humiliation, he
entered Nepal and settled at Birtamod, Jhapa district and
founded the Peoples Forum for Human Rights, Bhutan.
Unfortunately, he along with his colleagues Mr. Jogen Gazmere
and Mr. Sushil Pokhrel were abducted from Jhapa by Bhutanese
government agents on 16 November 1989. They were taken to
Thimphu. He was accused of sedition and treason under the National Security Act
which was enacted only in 1992, three years after his
abduction. Rizal, an Amnesty International declared Prisoner
of Conscience was imprisoned for life. He was released on
December 17, 1999 under
international pressure.
Patriotic Appeal of Southern
Bhutanese to the King of Bhutan
CONFIDENTIAL
His Majesty, King
of
Bhutan,
Tashichhodzong,
Thimphu
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 failing, 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 :
2.1 The Census
Teams are questioning the people with undue threats and
classifying them into various categories.
2.2 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.
2.3 In many
instances, Citizenship Identity Cards already issued have been
confiscated or withdrawn.
2.4 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 even been reprimanded for
suggesting at DYT meetings more rational ways for conducting
the census.
2.5 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 receipts of
these reports, we took the liberty of enquiring 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 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 Gaylegphu 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 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 born to
the Bhutanese fathers before 1985, the retrospective
application of a 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 even 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 that this is
not a routine exercise as it is made out to be. Unfortunately,
this has been reinforced by the fact 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 has 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 concern, 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 the country, that the
process of the review of the citizenship Act of 1977 was
started. This is ample proof that the people fully share the
concern of the Government to stem the possible settlement of
illegal immigrants in southern Bhutan. The primary
responsibility for the control of 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 fail to
recollect the various occasions when Your Majesty so
graciously assured the people of Southern Bhutan that their
interests and welfare would 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 the dimunitive
voice of the southern members in the National Assembly, the
1985 Citizenship act was passed. Much to the dismay of the
people in 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 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’s 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 pray in our deep distress that Your Majesty
may be pleased to Command that :
6.1 The
retrospective effect of the 1985 citizenship Act, whereby 31st
December 1985 is fixed as the cut-off date, be amended so that
the cut-off date is 10th June 1985, the date of the
Act coming into force.
6.2 the provisions
of the 1985 Citizenship act be amended so that children born
of any Bhutanese citizen automatically acquire Bhutanese
citizenship.
6.3 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 decisions. At this
critical time, when our very foundations in this Kingdom are
jeopardized by the magnitude of the problem 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. BAHANDARI )
COUNCILLORS
Thimphu 09, April
1988
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