Bhutanese Refugee Problem at the Backdrop of Marriage, Childbirth Registration and Citizenship

33 Pages Posted: 1 Jul 2012

Date Written: April 1, 2011


The refugee problem is an international phenomenon and has a direct concern with the human rights. It is observed that on humanitarian ground Nepal has given the refugee recognition to the Tibetan and Bhutanese nationals. As being an active member state of the United Nations, Nepal has demonstrated its commitment in respecting human rights by ratifying many human rights related international instruments including the Universal Declaration of Human Rights 1948.

Similarly, by making an agreement to open an office of the UNHCR in Nepal and being an observer of the Executive Committee of the High Commissioner's Programme, Nepal has demonstrated the international community its commitment to the refugee affairs. It is also observed that, the provisions in the Article 156 of Nepal's Interim Constitution 2007, the preamble of the Vienna Convention on Law of Treaties and the Charter of the United Nations and the provisions in the preamble of the UNHCR Branch Office agreement, demonstrates Nepal's commitment on providing refugee recognition for those who is a genuine asylum seeker.

However, Nepal has not yet become a party to the Refugee Convention and also not yet enacted a separate national legislation relating to the refugee. The CAT Committee, the Committee on ESCR and the Committee on CERD has recommended that the Nepal should frame a refugee related national law and become a party to the Refugee Convention.

Keywords: refugee, asylum, persecution, country of origin, host country

Suggested Citation

Lamichhane, Laxman, Bhutanese Refugee Problem at the Backdrop of Marriage, Childbirth Registration and Citizenship (April 1, 2011). Available at SSRN: or

Laxman Lamichhane (Contact Author)

affiliation not provided to SSRN ( email )

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