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Marriage
Incentives and the Marriage Act
In
1988 the government reported 11,442 marriages between Bhutanese and
non-nationals during the preceding 20 years.[63]
A breakdown of statistics on these marriages is not provided, yet it is safe to
assume that a good percentage involve southern Bhutanese.
Given the strict cultural and caste restrictions on marriage, spouses are
commonly sought outside home communities, often in Nepal or India.
A longstanding approach of the government to discourage such foreign
marriages and promote integration is an incentive (raised to Nu. 10,000 in 1989)
for intermarriage between southern and northern Bhutanese.[64]
Opposite
this incentive stand stiff penalties for marriage to foreigners laid out in the
1980 Marriage Act (reproduced in Appendix 2).
Under this act, a Bhutanese citizen who marries a foreigner is denied
government assistance in the form of land, seeds, loans, livestock, and health
benefits. If working for the
government, promotion is denied from the day of marriage, and removal from
service is mandatory for workers in the defense department or Foreign Ministry.
All assistance from the government for education is denied and any
expenses incurred to the day of marriage must be refunded.
Refugees
contend this act is discriminatory because of the disparate impact on
Southerners due to the large proportion of the foreign marriages from their
communities. Further, they charge
that the act is only implemented in the south, citing northern high ranking
officials with foreign spouses who have received promotions and foreign postings
in spite of the law.[65]The
King suggested that non-nationals married to Bhutanese... could be granted
special resident permit [sic]. They
would also be entitled to health, education and other social benefits extended
to citizens of the country.[66]
There are no indications that any such permits have actually been issued.
No
Objection Certificates
The government of Bhutan states "to ensure that all bona fide Bhutanese
children received the first preference for admission in schools, a No Objection
Certificate was made essential" and these "would not be issued to
those students who have been involved in anti-national activities and to
children of illegal immigrants."[67]
No Objection Certificates were also required "for the release of cheques to
farmers for the sale of their cash crops."[68]
The government explained "the money due to the owners of these cash crops
is merely frozen and not confiscated" and "will be released once the
current disturbed situation is resolved."[69]
Refugees report that No Objection Certificates were virtually impossible for
southern Bhutanese to obtain. The
impact of No Objection Certificates is still strongly felt by refugee farmers
who had to flee before collecting payment for years of work, or by students who
lost years from their education.
Green
Belt
The
government introduced a project to create a one kilometer wide belt of forest
along the border, "probably for security reasons rather than for
environmental ones since Bhutan is already richly-forested."[70]
The government's plan, involving the displacement of thousands of people from
some of the most fertile land in Bhutan, was not met with favor from
international donors and was quickly dropped.
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