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Nepal and Dual Citizenship: A Contemporary View

Benefit Analysis Document


By Simn Dhungana H. B. Bhandari Prabhat Shambhu Dhungana, Phd Endorsed By:

Table of Contents
Executive Summary: ..................................................................................................................................... 3 Background ................................................................................................................................................... 5 Introduction .................................................................................................................................................. 5 Dual Citizenship......................................................................................................................................... 6 Need of Dual Citizenship ....................................................................................................................... 7 History of Dual Citizenship ........................................................................................................................... 8 1. Global ................................................................................................................................................ 8

Dual Citizenship Allowed in: ................................................................................................................... 10 Dual Citizenship in U.S. ........................................................................................................................... 11 Criticism of Dual Citizenship ...................................................................................................................... 14 Critique of Criticism of Dual Citizenship ................................................................................................. 17 Benefits to Nepal ........................................................................................................................................ 17 Emotional Connection............................................................................................................................. 19 Financial Gain .......................................................................................................................................... 20 Outcome of Dual Citizenship provision ..................................................................................................... 24 Positive outcome if dual citizenship is implemented ............................................................................. 24 Current Laws ............................................................................................................................................... 25 What does Nepal lose? ........................................................................................................................... 26 About the Authors: ................................................................................................................................. 28 References: ................................................................................................................................................. 28

Executive Summary:

The new constitution being drafted should have a provision for dual citizenship status for people of Nepali origins. Dual citizenship is of vital importance to Nepal for rapid and sound development through the vast resources that the Nepali community residing overseas have at their disposal. Before Nepal spends any more time searching for foreign resources, it should adequately harness the resources of her own people living abroad. A delay would not be in the interest of Nepal, so with all due haste we urge our Nepali elected officials to accommodate dual citizenship in the new constitution of Nepal.

The paper examines in detail the issue of dual citizenship. It digs into the history, the global background, and current participatory countries in the world. It also examines the real benefits that can be reaped by implementing dual citizenship.

The benefits are multifold. They are: 1. Economic: The basic assumption and extrapolation of numbers suggest that with the implementation of dual citizenship, Nepal can harness over 2 billion USD investment and multi millions dollar as revenue to Nepal. That would mean thousands of new jobs for Nepali. 2. Emotional: History of other nations have shown that by having the provision of dual citizenship even 3 rd or 4th generation will have strong emotional attachment that would otherwise begin to fade by the 2nd generation in immigrant populations. This will give continuous momentum in the connection and affinity building process with the relative and countrymen.
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3. Development: The process of brain drain will start reversing and bring new investment and return of more competent thousands in immeasurable way. The closest real life example is Israel, and the hi tech development of Tel Aviv. 4. Socio-Cultural: The emotional bond is magnified by the social and cultural fabric that would be present in generations. First generation of immigrants will keep the socio-cultural issues into their hearts and minds, but same cannot be said of future generations without the provision of dual citizenship. 5. Political: The political power of the constituencies in western countries is real. A strong Nepali dual citizenry population can shape the approach taken to Nepal by the western countries. The political clout will be recognized even outside Nepal.

We are standing at the crossroads of the most salient point of the country: drafting on the new constitution. During this time, a provision for dual citizenship should be a central and integral part of the new constitution of Nepal. Those who oppose it ought to be ready to answer for the generations to come: why are we not allowed developing and prospering? What were your intentions? We can tell with firm conviction that it is not the wish of Nepal and Nepalis in general to push our development prospects backward. Those who make dual citizenship possible will be revered generations to come. Please do not let fear drive you for there is nothing to fear. Dual citizenship is closer to the norm in the world today than it was ever before and to continue to refuse it is to take a step in the past instead of taking a step forward into the future. Therefore, it is our humble request to all those who are at the helm of developing a new constitution for Nepal, please do not miss this tremendous opportunity to

move forward to develop a prosperous Nepal by just simply granting a dual citizenship to people of Nepali origin living abroad.

Background

This paper on Dual Citizenship is created for the benefit for all Nepalis, Non-resident Nepalis, People of Nepali origin, and Friends. It is produced by the Association of Nepalis in the Americas (ANA) as a reference for all the concerned individuals, with primary focus being the political leaders and constitution drafters of the new Nepal.

This is a copy left paper that may be used in part or whole by others who would want to improve or add on it, provided it is properly attributed. This is meant as a common document for all Nepalis to pursue and refer to in matter of Dual Citizenship and Nepal. The version of this document is dual citizenship 1.0

The dual citizenship 1.0 approaches the issue of Dual Citizenship through the North American Nepali Diaspora point of view as represented by Association of Nepalis in the Americas. Subsequent versions may represent other geo-centric views.

Introduction
It is estimated that there are over 2 million Nepalis living outside of Nepal. Nepalis living in the developed countries of Europe and America constitute a quarter of this number. This results in roughly 500,000 Nepalis living in the US, Canada, United Kingdom, and other European countries. This population is the focus of this
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article. The half a million Nepalis across the world are composed of professionals and non-professionals alike: from professors, engineers, doctors, and lawyers, to skilled contractors, artisans, students, and entrepreneurs. This critical population of Nepalis living abroad can bring into Nepal technological advancements and financial resources. In addition, they serve as important catalysts to strengthen the international presence and reputation of Nepal. Leading Nepali organizations overseas such as the Association of Nepalis in America (ANA) first proposed Dual Citizenship to then government of Rt. Hon. G. P. Koirala in 1993, and Non-Resident Nepalis Association (NRNA) have been lobbying for dual-citizenship in recent years and have requested the Nepali Government institute laws that provide dual-citizenship to individuals of Nepali origin. However, the government seems lagging behind on this momentum which needs to be given some serious consideration.

Dual Citizenship
The Webster Dictionary defines dual Citizenship as An equal claim, simultaneously possessed by two nations, to the allegiance of an individual. The Citizenship encompasses the concept of nation, state and federal citizenship enjoyed by persons who are born or naturalized in the particular country. The confirmation of citizenship that involves dual nationality is solely governed by mutual agreement or/and understanding between two or more nations under their respective laws. A person possessing dual citizenship generally has the rights and privileges of two different countries which he/she has to "elect," or to choose within mutually agreed rules.

The new Nepal is in transition period. The actions taken hereafter via the promulgation of new constitution will determine its path. A shortsighted constitution can cause havoc in the country via impediments. Despite
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the tremendous will of Nepalis and their representative political parties there are impediments to the construction of the new constitution. If it is not inclusive and non-discriminatory it has a good chance that the constitution itself will be the impediment for the aspirations of the Nepali people all over. It is in this regard that the framers should be cognizant and carefully consider the underlying case for Dual Citizenship. Since 1990, there has been a rise in the number of nations that allow dual-citizenship status, and now that number has surpassed 150 countries. Large countries such as Canada and Australia have it explicitly approved in their laws, as well as many European Union States, such as the UK, Sweden, Germany, France, and Spain. However, this is not just limited to developed nations. In recent years, six Latin American countries have also allowed for dual-citizenship. The small and remote island-nation of Tuvalu also allows dual-citizenship. So do countries that were only formed during or after the 1990s such as Latvia, Lithuania and Croatia. Even among Nepals neighboring SAARC countries, Sri Lanka and Maldives already allow for dual-citizenship, and similarly, India has recently created its own Overseas Citizenship Initiative (OCI).

Need of Dual Citizenship


The people of Nepali origin in the North America have strong socio-cultural ties and affinity to their motherland or ancestral land is in by itself a guarantor of continued relationship in multi generation manifestation do not seem to be the case. The allowance of multi-year visa with ability to directly invest in Nepal, while hoping Nepal will have the best of the situation, without providing full legal framework on the completeness of being a Nepali, in and by itself is not a guarantor of continued motivation in a multi generation manifestation.

That the brain drain caused by the most brainy new generation going abroad for study and not returning, the DV Lottery recipients to U.S., many of who had substantial position in the functioning of the state machinery of Nepal, can be stopped and instead be used as a gain once the dual citizenship provision is allowed, in and by itself is a strong rationale for implementing it. Dual-citizenship does not just benefit individuals; both nations involved stand to benefit tremendously. Observations from other countries both that receive immigrants as well as provide emigrants have shown that the benefits of dual-citizenship outweigh the potential drawbacks. Many Nepalis have a deep love for Nepal that will never be forgotten, even years after they have left the country. However, Nepal should not forget or ignore its people who have chosen to live abroad. Nepal has an interest in maintaining and projecting its cultural influence on the world. In addition, Nepal can gain tremendously from the influx of human resources, intellectual capital, economic stimulus, and foreign advocacy if dual-citizenship is granted.

History of Dual Citizenship

1. Global
When Nepalis are granted dual-citizenship, there is an increased advocacy and awareness for Nepali issues in their country of residence. Israelis abroad have exerted so much influence that a country that is smaller than Nepal and was only established in 1948 has seen a significant rise in its economy and political clout within the international community. Armenia is also smaller than Nepal, landlocked, and with much less favorable
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geography and resources, yet Armenians abroad have successfully lobbied in favor of Armenia in various economic and political issues. Even Nepalis who are in the political realm in a foreign country can benefit Nepal considerably. Take the example of Valdas Adamkus. He emigrated away from Lithuania in 1944 and eventually became a high level administrator in the United States government serving as the Regional Administrator of the Environmental Protection Agency. After Lithuanias independence, love for his country prompted Adamkus to return to Lithuania and participate in politics there. On February 26, 1998 Adamkus was elected as the President of Lithuania, and today, although no longer president, he is considered a moral authority in Lithuania. This shows that even after many decades, his love for his native country never died. In fact, many nations that support dual-citizenship encourage individuals living abroad to return and contribute to their native country. Israel, for instance, is a country whose emigrants have prospered greatly. In the US alone, the Jewish community is recognized for its widespread economic prosperity and strong cultural heritage. Numerous national and private funds allow for any adolescents and young adults, regardless of generational distance, to return to Israel free of charge. According to Birthright Israel, one of such funds, this generous gift is provided to strengthen the sense of solidarity and participants personal Jewish identity and connection to the Jewish people. Naturally, it is not surprising that Israel ranks highest among Middle Eastern countries in the UNs Human Development Index (HDI). Moreover, even fourth and fifth generation Jews maintain a strong sense of cultural identity and hold strong ties to Israel. At least 99 countries allow some form of dual or multiple citizenship, including the United States, Canada, Cuba, France, Germany, Ireland, Israel, Russia, Switzerland, the United Kingdom, Vietnam, as well as 14 out of 17 Latin American nations. Below is the list of countries that allow dual citizenship.

Dual Citizenship Allowed in:


Albania, Antigua, Australia, Barbados, Belize, Benin, Bulgaria, Burkina Faso, Cambodia, Canada, Cape Verde, Central African Republic, Colombia, Costa Rica, Cote d Ivoire, Croatia, Cyprus, Dominica, Dominican Republic, Ecuador, El Salvador, France, Ghana, Greece, Granada, Guatemala, Hong Kong, Hungary, Iran, Ireland, Israel, Jamaica, Latvia, Lesotho, Liechtenstein, Macao, Maldives, Mexico, Morocco, Namibia, Nevis, New Zealand, Nigeria, Panama, Peru, Poland, Portugal, Romania, St. Christopher, St. Kitts, St. Lucia, Slovenia, Sri Lanka, Switzerland, Syria, Tonga, Tunisia, Turkey, Tuvalu, United Kingdom. The constitution of India does not allow dual citizenship despite all news and excitement. The government of India had OCI, overseas Citizenship of India that does not allow Indian Passport, Voting Rights, Indian government employment as well as candidacy in elections. Multiple entries, multiple purpose lifelong visit visa to India, job in private sector as well as professional practice are allowed with OCIs. According to sources Germany and Austria officially do not have dual citizenship provision, but Germans and Austrians can apply for a permit to keep their citizenship ("Beibehaltungsgenehmigung") before taking a second one (Arnold Schwarzenegger, present governor of California, holds Austrian and US citizenship). Spain allows dual citizenship, and has dual-citizenship treaties with some of its former colonies (Argentina, Bolivia, Chile, Costa Rica, Dominican Republic, Ecuador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, and Uruguay). Spain does not require citizens of these countries who wish to naturalize to renounce their existing citizenship.

Countries, like Ireland and Poland, have comparatively longest history of allowing their sons and daughters abroad to retain their birthright. However, the immigrants of an earlier era had not explicit dual citizenship provision. After being legal resident for five years in US a foreign citizen can choose to be a naturalized U.S.
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citizen. The process of naturalization involves various steps such as criminal record check, competence in English and Civic tests. At the end of the process, the Successful applicant must swear an oath in which they show their disloyalty to other countries in theory. Before 1948, a Briton could lose his British citizenship after being a naturalized citizen of another country. The British Nationality Act of 1948 abolished restrictions on holding dual citizenship.

In 1992, the Dominican Republic's Legislature approved law of dual citizenship and even allowed its emigrants to vote, run for office and invest in their nation.. Trinidad and Tobago, has allowed the voting rights practice since 1988 however dual nationals can vote only if they have continuously lived there for a year prior to elections. In 1992, Colombian immigrants to the United States successfully lobbied for a Colombian constitutional amendment allowing them to retain the tie with Colombian nationality. Currently Colombian nationals can vote- either in Colombia or at a Colombian consulate abroad and run for office in their homeland, even if they are United States citizens. Ecuador approved dual nationality as well; however it does not permit voting in its overseas consulates. Ireland's law, passed in 1956, allows even the grandchildren of people born in Ireland to obtain dual citizenship. In this light Nepal should not delay to come with just modest immigration law when so many economic benefits are out there. Department of Immigration and Emigration of Sri Lanka require contribution to the socio - economic development of Sri Lanka with some strict provision of minimum deposit requirement such as to acquire dual citizenship by Ex-Sri Lankans.

Dual Citizenship in U.S.


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Since the 1960s, after the enactment of the Immigration Act the U.S. Supreme Court has held that Americans After residing legally for five years in U.S. a foreign citizen can be a naturalized U.S. citizen. The process of naturalization involves various steps such as criminal record check, competence in English and Civic tests. At the end of the process, the Successful applicant must swear an oath in which it says:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and the laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

The United States allows its citizens to become foreign nationals without losing their American citizenship. People who go through US naturalization are required to state under oath that they are renouncing their old citizenship. However, the state department has not pursued such case recently. Additionally, the US Constitution says nothing explicitly about dual citizenship. However, in its 1967 ruling in Afronyim V. Rusk the U.S. Supreme Court used an argument derived from the 14th Amendment to the Constitution to assert a right to dual citizenship. According to the ex- State Department spokeswoman, Suzanne Lawrence, interview to the New York Times the United States does not encourage dual nationality -- and would prefer to avoid its complications -- it cannot control what another nation allows. Numbers remain a mystery: with so many

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different countries involved, Ms. Lawrence said, it is impossible to determine how many dual nationals live in the United States.

The things a US citizen living abroad is expected to do such as filing a US tax return every year (even if the various exclusions for foreign income and/or foreign tax mean you don't owe government anything); reporting your address to the nearest US embassy or consulate; and registering your children born abroad with the US embassy or consulate (since in most cases they will automatically have US citizenship because of parents; see below for more info on this).

The US Constitution (Article II, Section 1, Subsection 4) says: "No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirtyfive years, and been fourteen years a resident within the United States." The word natural born citizen could be subject to great controversy since the term has not been used anywhere in the Constitution. Natural born Citizen has two meanings: 1. Must have been born on US territory, 2. Holding US Citizenship from the moment of his or her birth. Drawing on census data, it is estimated that 500,000 children are born in the United States holding identity of multiple nationality. The first Congress endorsed a citizenship law which stated that "the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens". [Act of Mar. 26, 1790, ch. 3, 1 Stat. 104.] This suggests citizenship by birth. Barry Goldwater, the 1964 Republican Party presidential candidate, was born in the Arizona Territory in 1909 (Arizona did not become the 48th state until 1912), George Romney, a 1968 Republican hopeful, was born in Mexico in 1907 to American parents in Mexico and John McCain, the 2008 Republican candidate was born in Panama Canal Zone in 1936 to American Parents. McCain's eligibility for the Presidency was also
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questioned by some during his presidential campaign. The US Senate passed a resolution (S.Res. 511) in April 2008, affirming their non-binding opinion that McCain did qualify as a natural-born citizen.

During the late 19th and early 20th centuries, the US ratified a series of citizenship treaties (the "Bancroft treaties", named after American diplomat George Bancroft). The intent of these treaties was to prevent dual citizenship by providing for automatic loss of citizenship by foreigners who obtained US citizenship, or by Americans who obtained foreign citizenship. As a result of the various Supreme Court decisions on dual citizenship, however, the Bancroft treaties became legally unenforceable, and all of them have by now been formally abrogated by the US. One of these treaties, one with Sweden is mentioned in the Supreme Court's decision in Perkins v. Elg, 307 U.S. 325 (1939).

John Millers book Loyalty dual: will the rise of dual citizenship create a world without patriotism comments Among the primary causes of the War of 1812 were Britain's attempts to impress Americans into the Royal Navy. The British government simply refused to recognize that some of its former subjects had become U.S. citizens: once a British subject, always a British subject. This clashed with the Founding Fathers' idea that people could transfer their political loyalties from one nation to another on the condition that they made a solemn commitment to their new home. Since 1795, naturalization in the United States has required immigrants to recite an oath in which they abandon their personal foreign entanglements, although there is no known practice of this in recent years.

Criticism of Dual Citizenship


According to Linda Basch an anthropologist and the co-author of ''Nations Unbound: Transnational Projects, Postcolonial Predicaments and De-territorialized Nation States (Gordon & Breach, 1985), many people live an
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existence that's transnational. She further says they have families in both places. They invest in both places. They get involved in politics in both places. It's difficult at this historical moment to think of people leaving location A and coming to location B and that's that.'

Claiming dual citizenship means fulfilling expectation by obeying two countries law. For instance, a US Social Security Number and filing a US federal tax return (Form 1040) every year is must in all circumstances. Additionally, there are other restrictions such as travel imposed by the country of citizenship. For example, it is illegal to take a vacation trip to Cuba by US dual citizens. Running for political office holding dual citizens may end up with serious question of patriotism in every country. Every effort to justify the rationale behind running for government office most likely fall on deaf ears.

The US generally does not acknowledge any special efforts by consular officials of other country of citizenship to intervene in US citizens behalf. A dual Citizen, according to US State Department regulations, must identify himself/herself as US citizens to US immigration and customs service. In the early 1980's, there was one case in which a woman with dual US/Canadian citizenship unfortunately ended up losing her US status in the early 1980s while responding no" to a question about being a citizen of any country other than Canada in her Canadian passport application. Possession of multiple passports is legal in many countries, however the border officials in some countries might jump into the conclusion that holder might engage in illegal activities.

The dual Citizen discussion has reached all time high in 1996 when the Dominican Republic started allowing Dominicans dual citizens living abroad to vote in its elections. Many of New York City's numerous Dominicans took advantage of these rules in that year's presidential election. In this regard the City Councilman Guillermo

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Linares, was the first Dominican elected to office anywhere in the United States, has openly asserted and maintained a fine balance between USA and Dominican Republican.

According to T. Alexander Aleinikoff Dual nationality was once likened to bigamy. U.S. President Theodore Roosevelt called it a "self-evident absurdity." In some nations, notably Germany and Austria, resistance to the idea endures. And terrorist threats have further raised sensitivities about national loyalty. Nevertheless, a revolution is occurring in citizenship law and policies. Spurred by increasing migration and a global economy, many nations now accept and even promote dual status.

Critics of dual nationality usually target policies that allow newcomers to naturalize without giving up their home-country citizenship, wholly missing the primary cause of the increase in dual nationality: the growing number of people who automatically obtain that status at birth. The move toward gender equality has dictated a break with the traditional rule that a father's citizenship determines his child's. Children now born to parents of different nationalities inherit both. Further, to promote the integration of immigrant communities, more countries are adopting rules that bestow citizenship on children born to immigrants. These children thus acquire both citizenship from their birth country and the nationality of their parents.

Some countries consider dual citizenship unnecessary and acquiring the citizenship of another country results in an automatic loss of a citizenship in some countries like China, Denmark, Japan, and Singapore. Carrying a foreign passport and exercising another citizenship in Saudi Arabia is considered as criminal act. Obviously, some obligations come along with an opportunity of a dual citizens status. It means that he/she need to obliged by the law of both countries, which may include more tangible matters like serving in the military, extradition and taxes.
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Critique of Criticism of Dual Citizenship


Questions against dual citizenship can easily be overcome by the allegiances and assimilation of all the benefits offered by the dual citizens. Nepal shouldnt necessarily be worried about any harm, such as whether this affects the notion of sovreignity when so many Nepalis citizens can legally join in Indian and British Army. Ironically, they are trying to attract them on their part with all type of benefits. Nepal cannot afford not to have dual citizenship provision. It will be costly because so many Nepali professional are around the globe that love Nepal have the resources to give something back now.

Musician and native Haitian Wyclef Jean has been working very hard since the 7.0 earthquake that devastated Port au Prince recently, using his Yele Haiti Foundation to raise money for his homeland, and traveling to the area to view the devastation first-hand. According to MTV News, hes brought in over $2 million so far. The people who are skeptic about Nepals integrity down the road after dual citizenship provision must look at the global example. There are more than seven million Mexico born people living in the United States with dual citizenship yet US has been maintaining national unity, intercultural tolerance in amid of racial, ethnic, and religious diversity. It speaks of the countrys willingness to be inclusive.

Benefits to Nepal
The economically powerful countries around the world have already implemented dual citizenship provision that has further aided economic advancement. It does not make sense not to use the same template for similar benefits. The priceless incentive in the modern world that a country like Nepal can really think about is
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just claiming its roots by introducing dual citizenship system. Dual Citizenship bill is expected to bolster the Nepal with more than $8 billion in new investments in housing and real estate from Nepalis who have acquired citizenship in the western hemisphere. In this way it will revive the housing and real estate sector and create new jobs and improve the investment climate rapidly. The active role of NRNs (Non residents Nepalis) and its many completed projects in the capacity through established community organizations in U.S. or individual efforts and planned new projects If this projected development occurs, we can expect a multitude of the Nepalis in the world to return to Nepal for family gatherings, social work, or investment.

There are numerous benefits to holding two passports: hassle free travel, tax benefits and employment opportunities that contribute to Nepals economy. Granting access to all work, social, financial and educational rights and benefits of the root land does not only provide opportunity to live in both countries but also provide extraordinary opportunity to Nepal to get the bigger share of the benefits of globalization. In addition to the cumulative influx of capital to the Nepal from thousands of Nepali Diaspora who wish to engage in business in the Nepal and to purchase real property, the provision means a mass transfer of great technology and expertise from an advanced country of the world through Nepali professionals, technicians and entrepreneurs.

Moreover, by becoming dual Citizens, one can qualify for the entire social and health benefits the countries provide for its own people. Health care definitely will be much cheaper in Nepal than in the developed countries, and many Nepalis in the Americas (NRN) may encourage and contribute a lot of capital for universal health care in Nepal that directly help poor Nepalis. The model of universal health system in Western Europe, one can be treated or receive prescription drugs in any of the EU countries might work as well in Nepals context. Another benefit may be the tuition fee. Compared to the average out of pocket cost of $35,000
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annually in U.S. and other western institution to $1,000 a year at most Nepali private technical universities will be more attractive to many Nepalis living abroad, as the quality of the education continues to improve and more international students continue to participate fueling the educational excellence cycle in Nepal. This can in building educational infrastructure as well as great professionalism in education. On the whole, having the dual citizenship provision, the huge numbers of Nepali immigrants abroad will share a deep emotional attachment that transpires into economic advancement of Nepal. The ancestral deep rooted blood tie creates a sense of belonging and urges every immigrant to think and invest for the prosperity of Nepal. Additionally it also implies many practical benefits: Nepali nationals may buy and sell and free of restrictions that limit foreign nationals. Another advantage could be inheritance rights, attendance at public schools and opportunities to other services and jobs that generate money down the road. Additionally, the dual citizens bring oneness among Nepali in the country and abroad and the willingness of those who continually reside in the Nepal to embrace our Nepali brethren abroad. The prospective law will create heightened interest among former Nepali citizens in the countrys political, social, economic affairs, and boost investments and domestic tourism.

Emotional Connection
From an individual standpoint, the legacy of Nepali communities abroad will be strengthened significantly by dual-citizenship. Nepali people feel a strong bond for Nepal, but if that access is hindered by the loss of citizenship to their native country, then it is harder to maintain that bond. Children of Nepalis lose the incentive to learn and retain the Nepali language and culture when they are restricted access to their

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motherland. Without dual-citizenship, it is hard for a Nepali who no longer holds Nepali citizenship to be able to send their children to school in Nepal, or to own property and invest in business in Nepal. Allowing dual-citizenship is an optimal and moral way for Nepal to serve its children, and for Nepalis to serve their motherland. More and more countries in the world are beginning to see the obvious benefits of dual citizenship, and it would undoubtedly be in Nepals best interest to do so.

Once the provision of dual citizenship is implemented it is not hard to imagine the day when a fax machines and emails at Nepali consulate offices around the globe receive spike in interest from following generations of people of Nepali origin to apply for Nepali citizenship. They will not be foreigners in Nepal when they visit their ancestral country. The new status will solidify an emotional attachment they might have felt their whole life and enhance the feeling of contributing something to Nepal. Dual nationality threats the old exclusive school of thought. Things are relative not absolute in postmodern world. What if hundred thousands of Nepali children are born in the United States will receive automatic dual citizens. And other hundred thousand will join the emotional national stadium of Nepal from European countries and rest of the world. One day, they will help out to protect their ancestral land, if needed, since every single NRNs in the globe has been promoting its culture and literature to their children with renewed purposes. In these modern times, innovative technology embedded with the concept of global village helps immigrants keep their connection intact with their ancestral land and dual citizenship codifies their pledge in both homes.

Financial Gain
The Industrial Revolution of the 19th century began an era of rapid per-capita growth in many western countries. Historians agree that many modern developed nations, including the US and many nation-states of
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Europe, prospered as a result of this historical renaissance. Similarly, the latter part of 20th century was marked by the Information Revolution. Those countries that participated in this revolution earlier saw their prosperity grow. The 21st century continues this trend and is becoming ever more globalized. Economically, Nepal stands to gain tremendously from dual-citizenship. The current Nepali exodus has resulted in a brain drain of our best and brightest minds. Nepali students studying abroad will have a greater incentive to return to Nepal if they do not fear loss of citizenship in either country. In addition, investment capital will flow better into Nepal. A Nepali would be more willing to come back and create businesses in Nepal if there is no risk or hassle for multiple visas. A Nepali with dual citizenship will enjoy the right to create business in Nepal following the standard laws of Nepal. When Nepalis living overseas return to invest in their homeland, they bring along with them an influx of knowledge and ideas into their business practices and dealings. Needless to say, new business means more jobs for Nepalis in Nepal. For the older generation, there is also a longing to return back to their motherland of Nepal to live out the rest of their days with their earnings made in foreign countries. Retirement alone will create a stimulus of jobs and demand for goods and services in Nepal. There will be a rise in purchase of homes and lands for use as vacation or retirement properties and this will stimulate tax revenue in Nepal. Furthermore, Nepalis living in heavily taxed societies such as Sweden, Germany, and the United States would find it more attractive to invest in Nepal and deposit their income in Nepal. This provides cash flow within banks in Nepal and stimulates lending and business growth as well as generates tax income for the government that translates into public works and social programs. Nepal has long been at the background of the global economy as an impoverished and developing nation. In order to prosper in the international arena, it is imperative that Nepal make sound decisions that support
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economic growth and political stability while maintaining a strong sense of cultural identity. It will need the strength and support of all Nepalis living in any part of the world. Just as Japan adapted rapidly to the changing global stage in the late 20th century from a nation on the brink of ruin to become a major economic world power, Nepal too, has the opportunity to rise. Nepal can be known around the world not for its poverty or distress, but rather as a nation whose natural diversity reflects a prosperous and peaceful country. Indeed, perhaps one day Nepal can be compared to Switzerland not just for its natural beauty, but also for the prosperity of its people and their high quality of life.

Quantative Analysis
Financially alone, the dual citizens are important source of strengthening the local economy of Nepal. What follows is a corroboration of this point. Let us assume that 5 to 10 percent of this population (half million Nepalis living in developed countries) visit Nepal each year. Their economic impact alone is significant: 5 %, i.e. 25,000 people visit Nepal and spend an average of $2000 10 % i.e. 50,000 people visit Nepal and spend an average of $2000 $50 million a year $100 million a year

Let us suppose that the government of Nepal allows Nepalis living abroad the freedom to retire in Nepal without any restrictions. Realistically, we can expect about 1 percent of this population to return to Nepal and retire. What does this mean?

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1% of 500,000, or 5000 individuals who will spend an average of $1000/mo. = $5 million/mo. Or $60 Million a year. If these 5000 employ only 2 people to serve and help them domestically, 10,000 new jobs are generated locally. Let us further suppose that Nepalis living abroad want their children to learn Nepali, and send just one child to study in Nepal for a year. From about 125,000 families, assuming four members per a family, this will be about 25,000 if we put in a five year cycle. Each child spends, let us say $500/month. The monthly spending of these children will be $12.5 million a month, or $150 million a year. This figure goes much higher if medical and engineering college education is more readily available for these Nepali children study in Nepal. Now let us look at prospects from investments by Nepalis living abroad. How can Nepal benefit, and to what extent? Out of the 500,000 Nepalis living abroad, roughly half of them first left of the country as a student. This means about 250,000 Nepalis living in these countries are educated Nepalis with foreign degrees. If Nepal creates a positive environment for investments, we can expect at least 10 percent of these educated Nepalis to go back and invest in Nepal. Let us assume that an average investment is only $100,000. This brings an investment of $2.5 billion into Nepal. This $2.5 billion can easily generate 250,000 jobs in the country (assuming that an investment of $10,000 generates one job). So far, these numbers only represent the initial capital investment. The secondary and tertiary capital gains of the same investment amounts are exponential in scale.

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In each of the scenarios above: from the casual visitor to Nepal, the Nepali retiree, and the child returning to study in Nepal, it is important to note that they are only valid if Nepalis living abroad do not feel resistance or difficulty in returning to their native homeland. At present, Nepalis living abroad have to go through tedious bureaucratic hassles and face outrageous fees just to obtain a visa. Surely, this discourages many Nepalis abroad to return, and harbors a sense of resentment because their native homeland does not accept them for who they are with open arms. A Nepali living abroad who wishes to return to Nepal and contribute to the countrys well-being and prosperity should not be treated like a foreigner or an illegal alien.

Outcome of Dual Citizenship provision

The foundation of success of a country lies on the bedrock principles espoused by its people. Oftentimes it is manifested in the articles of the countrys constitution. Nepal is at crossroads now. It can adopt an inclusive model for future integration or it can be stringent looking into competing interests that have the benefit of the status quo.

Positive outcome if dual citizenship is implemented


It is important to point out that there are only Nepali people who love Nepal. The virtues and beauty of Nepal have been written and spoken glowingly by many illustrious foreigners in the past. A notable example is Sir Edmund Hillary, who has been a staunch advocate and a loyal friend to Nepal. Due to his lifelong love for
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Nepal he has opened schools and clinics in Nepal, but more importantly, the standing and reputation for Nepal and Nepalis around the world was tremendously boosted by him. There is no doubt that in New Zealand alone, there is not a single person who does not know of Nepal and does not speak of Nepalis in a positive manner. Hillary received honorary Nepali citizenship in 2003. Perhaps the door should be opened to other Nationals who have as deep a love for Nepal, and a process should be created that would allow them to have dual-citizenship with their primary country. If Hillary, a non-Nepal can do so much for love of Nepal, you can imagine how much a real Nepali can do for its country if appropriately recognized them. Needless to say, the investment opportunities, and the ties that will result between Nepal and the other country will undoubtedly be boosted.

Current Laws
Under current law of Federal Democratic Republic of Nepal, a person could be a Nepali citizen based on the principles of jus sanguinis or bloodline. A 46-year-old law on Nepali citizenship provides that natural- born Nepali who becomes naturalized citizens of another country automatically lose their Nepali citizenship. In this light, one must relinquish his/her citizenship of another nation to be a Nepali citizen in all conditions

Having the possibility of dual citizenship was a pipe dream during and before the monarchial rule. In all major political changes in Nepal, Nepalis Diaspora around the globe has been playing an instrumental role. The collaboration of Nepalis around the globe can enable Nepal to face challenges of 21st century. Additionally, Nepali Diaspora provides its strong support for peace, democracy, human rights in Nepal. As a result, Nepals political parties will deliberate on important issues raised by Nepali Diaspora as carefully as possible.
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Nepals unique combination of the old and new art, culture and civilization has been an example for intercultural tolerance for long. The assortment of races and tribes, different costumes, different languages and dialects are fertile ground to best utilize every single opportunities offered by the dual nationality.

What does Nepal lose?


Nothing. Rather, by instituting dual-citizenship, Nepal is rewarded with innumerable benefits. As a more educated and global breed of Nepalis contribute to their traditional homeland, Nepal has the opportunity to participate internationally as a prosperous and peaceful nation. Is Nepal ready for this? That depends on the mentality of Nepali politicians and government officials. During this critical period in Nepali history, it is imperative that our leaders and Nepalis all over the world make important decisions about the direction of our country.

Nepalis in America (NRNs) perspective


Many Nepalis have become citizens of the countries that they reside in, not always by choice but by various legal constraints and requirements of the host countries. These overseas Nepalis, however, have continually appealed to Nepalis leaders to enact a law that allows them to regain their citizenship. Such an appeal has found receptive audience in political leaders of the country. Thus Nepali Diaspora residing in western hemisphere is hopeful for the dual citizenship provision to be introduced in new constitution. The worst aspect of globalization resulted in great brain drain for the Nepal can be easily overcome with the bill. The benfits of dual citizenship for South Asian Nepalis can be debated from Nepals national interest, political stability and prosperity. Examples can be taken from Indian of excluding certain nations. 26

Conclusion
Some Nepalis may question: Why do you need Nepali citizenship? No one has seized your citizenship certificate? You can come back to Nepal at anytime. As long as you talk in Nepali and look Nepali, no one can speculate that you are not Nepali . As a matter of fact, this describes the current situation. Nobody enforces the citizenship rule in Nepal and it is highly unlikely that someone will go checking peoples citizenship. However, it stands that the most compelling reason to lobby for dual-citizenship is to preserve a strong sense of Nepali culture and heritage in the second and third-generation of Nepalis overseas. The contribution of Nepalis Diaspora in Nepals economy is already substantial in terms of foreign currency inflow. With the dual citizenship provision, this will increase substantially as well as bring most talented Nepalis for the greater benefit of Nepal. Therefore, on behalf of Nepalis living in America and for all Non Resident Nepalis living all over the world, we urge the government of Nepal to come with comprehensive and detailed plan for the inclusion of Nepali Diaspora, particularly, living in western hemisphere, with the provision of dual citizenship in the new constitution.

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About the Authors:


Simon Dhungana is the President of Association of Nepalis in Americas. ANA is the national organization of Nepalis, Non Resident Nepalis, Nepali Americans, Nepali Canadians and Friends since 1983. He holds M.S. from Johns Hopkins in Management. http://anaonline.org HB Bhandari Prabhat is the President of Global Educational, Cultural, and Literary Support Association based in Greater Baltimore; He holds M.S. from Johns Hopkins in Education. http://geclsa.com/ Shambhu Dhungana is the President of Friends of Nepal Los Angeles and ANA Board Executive. He holds PhD in Economics and Communication. http://fon-la.org

References: Yoffe, Emily (2001). What does it mean to have dual-citizenship? Slate.com. http://www.slate.com/id/1007748/ Hammar, Tomas (1985). Dual-citizenship and political integration International Migration Review, Vol 19, No 3, Special Issue: Civil Rights and the Sociopolitical Participation of Migrants (Autumn 1985), pp. 438-450 Mazzolari, Francesca (2007). Dual-citizenship Rights: Do they make more and better citizens?. Institute for the Study of Labor (IZA), Discussion Paper No 3008. University of California - Irvine and IZA. Lucas, Robert (2003). "The Industrial Revolution Past and Future". "[consider] annual growth rates of 2.4 percent for the first 60 years of the 20th century, of 1 percent for the entire 19th century, of one-third of 1 percent for the 18th century" M. "Loyalty dual: will the rise of dual citizenship create a world without patriotism?." National Review. National Review, Inc. 1998 http://www.immigration.gov.lk/html/citizenship/dual_citizenship.html uiu "Immigrants in New York Pressing Drive for Dual Nationality - New York Times." The New York Times. 1996. Multiple citizenship. (2010, January 21). In Wikipedia, The Free Encyclopedia. "Dual nationality insults faithful citizens.(Opinion)." The Christian Science Monitor. The Christian Science Publishing Society. 2000 M; T. Alexander Aleinikoff. "Double ties: why nations should learn to love dual nationality. (Argument)." Foreign Policy. Carnegie Endowment for International Peace http://www.usconstitution.net/consttop_citi.html

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