Every year thousands of Nepalis embark in a once-in-a-lifetime journey to foreign lands with the hope to find greener pastures. It is estimated that there are around two million Nepalis living abroad, either permanently or temporarily. Those who stay abroad for more than six months for various purposes are considered Non Resident Nepalis (NRNs). A number of them have already received citizenship, permanent residency, or indefinite stay visa (the term varies from country to country). On the other hand, the illegal way is to claim a refugee status.Nepal has transitioned through civil war, political uncertainty, earthquakes and finally we have a constitution. I am confident that we, Nepalis, do not qualify for refugee status in any part of the world. This might be disheartening for those who hope to live in a developed country through this route but it also gives a positive message to the world that the state of Nepal is improving and we in this country can hope for a better future. The 1951 UN Refugee Convention and the 1967 Protocol states that signatory countries are obliged to take in a refugee defined as:
"A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it".
This limits the chances of Nepalis achieving a "protected status" as the newly promulgated constitution clearly states (in Articles 16, 17 and 18) that every Nepali has the right to live with dignity; they similarly have the right to freedom and equality. Article 18 also clarifies that no citizen of Nepal will be punished or discriminated on grounds of their religion or ideology. So those who claim Nepal is unsafe for Christian minority are wrong as Article 26 says that every citizen has the right to religion. The new constitution accords full protection from the state and protects against exile, torture, imprisonment or capital punishment.
Nepal is a secular country whose constitution is imperfect but it is far ahead of most other nations with regressive laws. Therefore, the question arises yet again: Are we as Nepalis qualified to claim refugee status in other countries? The answer would be a 'No', unless a citizen faces mortal fear in Nepal. The fear of earthquakes does not qualify as a genuine ground for refugee lawyers.
We have heard innumerable accounts of Nepalis who got refugee status during the civil war when torturing, killing, kidnapping, persecuting, soliciting, blackmailing and disappearance of victims was rampant. We now have crimes like rape, witchcraft, political violence, repression by the police, murders, etc. These crimes exist in almost all countries so basing your fear on these grounds will likely not convince the refugee lawyers either.
We are already one of most LGBTI friendly destinations in the world.
This recent refugee debate surrounds 'Asha', a child of Nepalis parents seeking asylum in Australia. According to the newly amended laws in Australia, any foreigner entering Australia without a valid visa (via air or boat) is considered illegal. Even if someone manages to get refugee status, they are allowed to live in Australia only for three years. The child Asha is in controversy because a few Australians don't want her to be sent to Nauru, where most rejected refugees are sent.
And we have read that countries like Norway, Japan and others have consistently rejected Nepali refugee claimants and yet scores of Nepalis continue to seek refuge there.
It is time for us to stop dreaming of getting a refugee status abroad by showcasing our children and families as supposed victims. There's always a legal way to settle abroad.
The author is a graduate in International Relations
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