Population Law

Chapter-3
 Laws on Migration
• Human Migration is the movement by people from
one place to another with the intentions of settling
permanently or temporarily in a new location.
• The movement is often over long distances and
from one country to another
• Migrations are still an important part of modern
society and most modern theories believe that 21st
century migrations are primarily related to
economic factors
• Many migrate in search of jobs, education and a
better life-style
• Migration is a factor, which will effect population
in more or less every country around the world.
This could be because the country has nothing to
offer the individuals
• Push and pull factors
• Emigration(left place) and immigration(settling
place)
Concepts of Migration and Mobility
• Mobility is a fundamental element of human
freedom
• Mobility is also a statistic that measures
migration within a population
• Mobility describes how individuals move
within a network or system
• A short- term movement
• Mobility and migration tend to be highly
sensitive, even emotive- subjects associated
with deep-rooted prejudices, issues of ethnicity,
national identity and sovereignty, and relations
with neighboring country governments
• People who are impelled to move are more
vulnerable. Away from their support networks,
they are more exposed to danger, violence and
exclusion
 Laws and Conventions
• Constitution of Nepal 2015, Article 17- Every
citizen shall have Freedom to move and reside
in any part of Nepal
• International Convention on the Protection of
the Rights of All Migrant Workers and
Members of Their Families entered into force
in July 2003
• Universal Declaration of Human Rights
• Article 13-(1)Everyone has the right to freedom of
movement and residence within the borders of each
state, (2) Everyone has right to leave any country,
including his own and to return to his country
• Article 14- Everyone has the right to seek and to enjoy
in the other countries asylum from persecution
• Article 16- Men and women of full age without any
limitation due to race nationality or religion have the
right to marry and to found a family
• Convention on the Right of Child
Article- 10(2) A child whose parents reside in
different States shall have the right to maintain
on a regular basis, save in exceptional
circumstances personal relations and direct
contacts with both parents; State parties shall
respect the right of the child and his or her
parents to leave any country including their own
and to enter their own country…
• Birth, Death and Other Personal
Events(Registration) Act, 2033(1976)
-According to this law, Migration means the
change of residence from one Village
Development Committee or Municipality to
another Village Development Committee or
Municipality of Nepal or go abroad or come from
abroad for a period of more than Six months
 Types of Migration
• 1. Permanent Migration
• 2. Semi-permanent/Temporary Migration
• 3. Seasonal Migration
• 4. Internal Migration
• 5. International Migration
• 1. Permanent Migration
- Permanent Migration is when someone moves
from one place to another and has no plan to
return to their original home
- 10 years or more than that
- Some times temporary migration turn into
permanent
- It affects in economic sector as well as political,
cultural, environmental, etc.
• 2. Temporary Migration
- It is not intended to be permanent, for a
specified and limited period of time, usually
undertaken for a specific purpose
- May return after certain period of time
- Specific occupation; highly skilled; dangerous
jobs;
• 3. Seasonal Migration
- Periodic movement of a population from one
region or climate to another in accordance
with the yearly cycle
- A form of return migration
- It is driven by seasonal peaks in labor demand;
mostly in agriculture; because of climate
• 4. Internal Migration
- Movement of people from one defined area to
another within a country
- A general trend of movement from rural to
urban areas
- Tends to be move for good education,
economic improvement, because of natural
disaster, civil disturbances, etc
• 5. International Migration
- People cross state boundaries
- Intend to establish their permanent residence
in a new country and possibly obtain that
country’s citizenship
- It is both cause and effect of broader
development processes and an intrinsic
feature of our ever globalizing world
 Cause and Consequences of Migration

• Causes
- Push and pull factors
- Safety
- Violence, war
- Limited opportunities
- Family separation
- Pollution natural disaster
- globalization
• Consequences
Positive
- Living standard
- Economic status
- Education
- Information and technology
- International relation
• Negative
- Social problems for children
- Difficulties with local people
- Exploitation
- Economic disadvantage
- Increase in dependency
- Loss of skilled people
 Immigration and Emigration,
Free(Open) border and Treaty of Peace and Friendship with India

• Immigration is the international movement of

people into a destination country of which
they are not natives or where they do not
possess citizenship in order to settle or reside
there, especially as permanent residents or
naturalized citizens, or to take up employment
as a migrant or temporarily as a foreign
worker.
• Emigration is the act of leaving a resident country
or place of residence with the intent to settle
elsewhere.
• For example- Ram left Nepal in 2015 to resettle in
Canada. Now;
- Ram immigrated to Canada in 2015
- Ram emigrated from Nepal in 2015
Migration is an umbrella term under which both
‘Immigration’ and ‘Emigrate’ fall.
 Laws related to Immigration

- The Immigration Act, 2049(1992)

(Amendments on 2050 and 2065)
- Labor Act, 2048(1993)
- Foreign Employment Act, 2064(2007)
- Nepal Citizenship Act, 2063(2006)
- India-Nepal Treaty of Peace and Friendship,
1950
Free(Open) Border
- An open border is a border that enables free
movement of people from different
jurisdictions with few or no restrictions on
movement
- For example; India and Nepal; Bahrain, Saudi-
Arabia, UAE, Kuwait and Oman share open
border; Bolivia, Colombia, Ecuador and Peru
share open border; New Zealand and Australia
• Why open border?
-Borders do not prevent people migrating
-Borders produce violence but do not stop
crime; organized crime increase
- Instead of building borders, we should organize
and fight for better rights of all working people
- Open borders would make the world a richer
place
• Types: Conditionally and Controlled
• Nepal’s boundary with India on three sides;
east, west and south which is 1,850 km long
whereas the boundary between Nepal and
China lies in the north only
• The free movement of Indian and Nepalese
citizens across the Indo-Nepal border is
governed by Indo-Nepal Treaty of Peace and
Friendship, 1950
• Arising Issues related to open border such as;
ensuring border security, resolving border
disputes and border management should be
handled on the basis of international norms and
practices
• In 2017, both sides have agreed not to close the
border but to instead, issue some kind of identity
card so that it would be easy to cross the border
and regulate it to make the border more secure
• Indo-Nepal Treaty of Peace and Friendship,
1950
- It is bilateral treaty between two South Asian
neighbors
- It was signed on 31 July 1950 by last Rana
Prime Minister of Nepal Mohan Shamsher
Jung Bahadur Rana and Indian Ambassador to
Nepal, Chandreswar Narayan Singh
• As per Article-5; the government of Nepal
shall be free to import, from or through the
territory of India, arms, warlike material and
equipment necessary for the security of Nepal
• As per Article-6; each government undertakes,
in token of the neighborly friendship between
India and Nepal, to give to the nationals of the
other, in its territory,
 Cont…
• Cont…national treatment with regard to
participation in industrial and economic
development of such territory and to the grant of
concessions and contracts, relating to such
development
• As per Article-7; the Governments of India and
Nepal agree to grant, on a reciprocal basis, to the
nationals of one country in the territories of the
other the same privileges in the matter of residence,
ownership of property,
• Cont… participation in trade and commerce,
movement and other privileges of a similar
nature
• Advantages
- Unique relationship of friendship
- Deep-rooted people to people contacts of
kinship and culture
- High level exchanges
- Supports at time of natural disaster
- Economic investment
- Co-operation related to natural resources
- Both side security on the border
- India’s Development Assistance to Nepal
- Co-operation defence(Army)
- Diplomatic missions
• Disadvantages
- Risk of blockage
- Increment in crime
- Problems related to refugee and asylum
- Dependency of Nepal
- Effects on Population
- Impractical with the time