Legal Identity

Since the 1980s, births and deaths in Bhutan have been recorded through Family Diaries, which were paper based.^[1] This system changed in 2003, where the Department of Civil Registration and Census (DCRC) began computerising these diaries to create a more comprehensive database called the Bhutan Civil Registration System (BCRS).^[2] The primary aim of this system was to issue citizenship cards, while also integrating other details such as births, deaths, family ties, and movement of other family members.^[3] According to Bhutan’s Immigration Rules and Regulations (2023), the proof of identification or legal identity for Bhutanese nationals is the Citizenship Identity Card or an identification document issued by the DCRC.^[4] In an effort to be more inclusive and accessible, births and deaths can be registered in the BCRS online.^[5]

Once a child’s birth is registered in Bhutan, the DCRC instantly assigns them with a Unique Citizenship ID (UCI) which can be activated and utilised once the child turns 15.^[6] While processing this card, the biometrics of citizens are collected and stored in the BCRS biometric database, which upon the death of the individual gets deactivated.^[7] Non-residents, who are also a part of this system, are issued Special Residents (SR) Cards.^[8] Only citizens and SR card holders can register births and deaths through the civil registration system of Bhutan.^[9] In order to apply for an SR card, one must provide their own citizenship as well as the citizenship of their mother and father, which presents a major administrative barrier for stateless people.^[10]

In case there is a delay in registering a child’s birth, the child will be provided with a civil status, namely “delayed birth registration”.^[11] Although there is no late fee for registration, registering a child once the stipulated time has passed becomes more complex, as it requires filling up an individual registration form, attaining the requisite endorsement by local government authorities, and providing reasons as to why there was a delay in the birth registration.^[12]

Digital ID Overview

Bhutan introduced its digital ID system, the National Digital ID (NDI) in 2022 with an aim to provide “secure and verifiable digital ID credentials”.^[13] It is the first country in Asia to roll out a decentralised Self Sovereign Identity (SSI)-based system.^[14] The SSI provides a foundational element, connecting the citizens, government, and the private sector of Bhutan.^[15] The Bhutanese government claims that the SSI-based system gives users complete control over their personal data and what information they provide to prove who they are to access websites and other services.^[16]

While there is no data to suggest public involvement in the adoption of the digital ID, media reports show that there were discussions and debates in the Parliament that led to the adoption of the NDI Framework.^[17] The adoption of the NDI framework has been a collaborative effort between various government institutions and private actors, who came together to establish Bhutan NDI, a body that caters to the issuance and working of NDIs.^[18]

The government, with the Government Tech Agency and DCRC, also developed the Integrated Citizen Services System to further establish DPI and reduce further administrative barriers.^[19] This system also aims to streamline access to services such as access to legal documentation like a birth certificate, marriage certificate, or death certificate, and access to agriculture sector, health, and judicial services through the Citizens portal website and the mobile application.^[20] However, this service is only accessible to citizens as it requires an NDI number.^[21] While a direct linkage between citizenship and digital ID cannot be drawn through the Act, it can be reasonably ascertained from official sources and Bhutanese media that the digital ID can only be issued to a citizen of Bhutan.^[22]

The National Digital ID (NDI) app holds personal information of users and is designed as a mobile wallet which holds identity related documents that citizens and residents can use to verify on websites and other services.^[23] Biometric data of citizens is collected through this application where foundational IDs can be provided to citizens through the facial recognition process.^[24] Bhutan does not recognise dual citizenship,^[25] hence dual citizens and other non-citizens cannot access digital IDs in Bhutan. Since Bhutanese citizenship is a prerequisite to accessing the Bhutanese digital ID,^[26] there is no information available as to how stateless populations will access basic services as the country moves to link access of basic services with the NDI, despite it not being mandatory for citizens to secure.^[27]

Law

Domestic Laws and Policy

The NDI was introduced after the establishment of the NDI Governance Framework by the Bhutanese Parliament by enacting various legislative documents, the key one being the National Digital Identity Act of Bhutan (2023) (‘NDI Act of 2023’).^[28] The NDI Act does not expressly define digital ID but simply states its purpose which is to create a digital economy where citizens as self-sovereign identities can access both government and private sector services.^[29]

Data Protection

The Bhutan NDI has in-built-in provisions for data protection.^[30] Since the NDI is based on principles of self-sovereign identity, each individual has complete control over their personal information, thereby setting a benchmark for digital privacy.^[31] Furthermore, the NDI governance framework follows a stringent approach towards data collection by ensuring that any user information is neither collected nor stored.^[32] The privacy policy of NDI Bhutan states that while a copy of the facial data is stored with the Ministry of Home Affairs to ensure that identity theft or duplication does not take place, no other data provided is stored on the database servers of the NDI.^[33] All digital information present in the digital wallet belongs to the user and cannot be accessed in any form (encrypted or otherwise) by the NDI Admin or a third party, unless the user consents to storing it on the NDI application’s cloud servers.^[34] This information is only accessible in an encrypted format and cannot be read by the NID Admin or other third parties.^[35]

The privacy provisions ensure that the data collected at the time of registration is stored and safely secured, creating accountability on those involved in the process.^[36] There is no evidence to establish the usage of this data by the government against stateless persons, refugees or migrant populations since many of them would have been unable to register for the NDI in the first place since they cannot validly prove their citizenship.

International Commitments

Bhutan has not ratified any specific treaty or legislation in relation to digital ID. As a party to the CRC, Bhutan has obligations to ensure the right to be registered immediately at birth and the right to an identity.^[37] Bhutan’s CRVS system procedures do not align with these obligations as only citizens and SR card holders can register births, leaving non-citizens without access to the SR card and stateless people unable to register births.^[38] Stateless people are also unable to access a legal identity in Bhutan, further contradicting Bhutan’s obligations under the CRC.^[39]

Designed to Include?

The Impact of Digital ID and Legal Identity on Citizenship and Nationality Rights

Since Bhutan fails to recognise the presence of stateless persons inside its territories, the situation for such individuals remains precarious because they struggle to secure the ‘no objection certificate’ and police clearances to access healthcare, education, employment and other basic facilities.^[40] Furthermore, foundlings or children born to stateless parents are not recognised as Bhutanese citizens.^[41] Children born to unwed mothers who are not able to ascertain the identity of the father or vice versa are also at the risk of statelessness as both parents must have Bhutanese citizenship for a child to become a citizen.^[42] Such individuals are not eligible to access any form of legal identity through the civil registration system of Bhutan, as they are neither citizens nor SR card holders.^[43] Reports claim that while stateless children are eligible to access health and public education services, fundamental rights to livelihood liberty, access to education, employment and healthcare are violated.^[44]

Bhutan is among the first countries in the world to create a self-sovereign digital ID system, with an aim to create inclusivity amongst its populations by catering to individuals with limited digital literacy, financial stability and people with special needs.^[45] The NDI framework has faced trouble in receiving judicial acceptance because of the latter’s reluctance to accept digital evidence in proceedings as the country moves towards a completely digitized economy.^[46] While the present legal framework of the NDI is deemed to be robust, the lack of safeguards and laws on digital ID and data protection, prevention of misuse and operability raise concerns for individuals who are new to the digital world, and the maintenance of trust registries which are the foundation to the self-sovereign system.^[47] It is interesting to note that the NDI is extremely inclusive of all types of Bhutanese citizens by facilitating access and assistance to certain sections of society.^[48] However, this inherently inclusive and accessible system can be exclusionary towards isolated communities, such as the stateless population and refugees, as the government of Bhutan refuses to acknowledge the existence of either of these communities, which they were instrumental in creating.^[49]

References

1.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 6 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

2.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 6 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

3.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 6 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

4.^

Section 15, Immigration Rules and Regulations of the Kingdom of Bhutan 2023, <https://www.doi.gov.bt/wp-content/uploads/2023/11/IRRs_11_Nov_2023.pdf>

5.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 7 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

6.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 6 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

7.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 6 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

8.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 7 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

9.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 7 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

10.^

‘Citizenship Identity/Special Resident Card Application Form For Those Reporting for the First Time’ (Bhutan Ministry of Home Affairs Department of Civil Registration and Census) <https://dcrc.moha.gov.bt/wp-content/uploads/2024/08/New-CID_SR-Card-Application-Form-English-18-above.pdf>.

11.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 9 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

12.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 9 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

13.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 7 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

14.^

Evie Kim Sing, ‘Bhutan’s digital identity system goes live on September 27, 2023’ (Identity Week, 12 Oct 2023) <https://identityweek.net/bhutans-digital-identity-system-goes-live-on-september-27-2023/> accessed 10 July 2024.

15.^

Trust over IP Foundation, ‘Bhutan NDI (National Digital Identity) & ToIP Digital Trust Ecosystems’ (2024) <https://trustoverip.org/wp-content/uploads/Case-Study-Bhutan-NDI-National-Digital-Identity-ToIP-Digital-Trust-Ecosystems-V1.0-2024-05-21.ext_.pdf>.

16.^

17.^

Lhakpa Quendren, ‘NDI Bill goes to join-sitting’ (Kuensel, 1 Jul 2023) <https://kuenselonline.com/ndi-bill-goes-to-joint-sitting/> accessed 10 July 2024.

18.^

ToIP Ecosystem Foundry Working Group, ‘Bhutan NDI (National Digital Identity) & ToIP Digital Trust Ecosystems’ (Trust Over IP, 21 May 2024) <https://trustoverip.org/wp-content/uploads/Case-Study-Bhutan-NDI-National-Digital-Identity-ToIP-Digital-Trust-Ecosystems-V1.0-2024-05-21.ext_.pdf> accessed 10 July 2024.

19.^

Bhutan NDI, ‘Bhutan NDI Privacy Policy’ (31 January 2024) <https://www.bhutanndi.com/> accessed 19 December 2024.

20.^

Bhutan NDI, ‘Bhutan NDI Privacy Policy’ (31 January 2024) <https://www.bhutanndi.com/> accessed 19 December 2024.

21.^

Royal Government of Bhutan, ‘Citizen Services Portal’ (Citizen Services Portal) <https://www.citizenservices.gov.bt/g2cportal/ListOfLifeEventComponent> accessed 19 December 2024.

22.^

Monica Rai, ‘Bhutan’s National Digital Identity struggles with judicial acceptance of digital documents’ (The Bhutanese, 16 Mar 2024) <https://thebhutanese.bt/bhutans-national-digital-identity-struggles-with-judicial-acceptance-of-digital-documents/> accessed 10 July 2024.

23.^

‘Bhutan NDI’ <https://www.bhutanndi.com/> accessed 10 January 2025.

24.^

‘Bhutan NDI’ <https://www.bhutanndi.com/> accessed 10 January 2025.

25.^

‘Bhutan Dual Citizenship Report’ (Dual Citizenship) <https://www.dualcitizenshipreport.org/dual-citizenship/bhutan/> accessed 10 January 2025.

26.^

Durga M Sengupta, ‘Guess who’s getting the world’s first self-sovereign national digital ID’ (Rest of the World, 6 Sep 2023) <https://restofworld.org/2023/south-asia-newsletter-bhutan-national-digital-id/> accessed 10 July 2024.

27.^

https://kuenselonline.com/bhutan-ndi-system-to-put-individual-in-control-of-their-data/#:~:text=While%20not%20mandatory%20for%20all,and%20usage%20advantageous%20for%20users.

28.^

Bhutan NDI, ‘Governance: Bhutan NDI Act’ (Bhutan NDI) <https://www.bhutanndi.com/governance> accessed 10 July 2024.

29.^

Parliament of Bhutan, ‘National Digital Identity Act, 2023’ (Parliament of Bhutan, 2023) <https://parliament.bt/uploads/topics/17049488557050.pdf> accessed 10 July 2024.

30.^

Bhutan NDI, ‘Governance: Bhutan NDI Act’ (Bhutan NDI) <https://www.bhutanndi.com/governance> accessed 10 July 2024.

31.^

Monica Rai, ‘How does the National Digital Identity system ensure privacy and security for all citizens’ (The Bhutanese, 21 Oct 2023) <https://thebhutanese.bt/how-does-the-national-digital-identity-system-ensure-privacy-and-security-for-all-citizens/> accessed 10 July 2024.

32.^

33.^

‘Bhutan NDI’ <https://www.bhutanndi.com/> accessed 10 January 2025.

34.^

‘Bhutan NDI’ <https://www.bhutanndi.com/> accessed 10 January 2025.

35.^

‘Bhutan NDI’ <https://www.bhutanndi.com/> accessed 10 January 2025.

36.^

Parliament of Bhutan, ‘National Digital Identity Act, 2023’ (Parliament of Bhutan, 2023) <https://parliament.bt/uploads/topics/17049488557050.pdf> accessed 10 July 2024.

37.^

Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC) art 7-8.

38.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) <https://www.unicef.org/media/147176/file/Bhutan.pdf>; ‘Citizenship Identity/Special Resident Card Application Form For Those Reporting for the First Time’ (Bhutan Ministry of Home Affairs Department of Civil Registration and Census) <https://dcrc.moha.gov.bt/wp-content/uploads/2024/08/New-CID_SR-Card-Application-Form-English-18-above.pdf>.https://www.unicef.org/media/147176/file/Bhutan.pdf>; Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC) art 7.

39.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 7 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

40.^

2022 Human Rights Report: Bhutan.

41.^

Nationality for All, ‘Joint Submission to the Human Rights Council for Universal Periodic Review: Bhutan’ (NFA, 8 April 2024),

<https://nationalityforall.org/wp-content/uploads/2024/04/JSTMP2_UPR47_BTN_E_Main-1.pdf>

42.^

Act on Grant of Citizenship in Bhutan, 1977, <https://www.refworld.org/legal/legislation/natlegbod/1977/en/14453> accessed 6 January 2024.

43.^

UNICEF/UN-LIA and Vital Strategies, ‘CRVSID Case Studies: Bhutan’ (UNICEF 2023) 7 <https://www.unicef.org/media/147176/file/Bhutan.pdf>.

44.^

‘2022 Human Rights Report: Bhutan’ (United States Department of State, 2022) <https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/bhutan/> accessed 10 December 2023.

45.^

Pallavi Sharma, ‘Balancing digital inclusion and data-privacy trust levels: a Bhutan perspective’ (DigiconAsia) <https://digiconasia.net/features/balancing-digital-inclusion-and-data-privacy-trust-levels-a-bhutan-perspective> accessed 10 July 2024.

46.^

Monica Rai, ‘Bhutan’s National Digital Identity struggles with judicial acceptance of digital documents’ (The Bhutanese, 16 Mar 2024) <https://thebhutanese.bt/bhutans-national-digital-identity-struggles-with-judicial-acceptance-of-digital-documents/> accessed 10 July 2024.

47.^

Sherab Lhamo, ‘Bhutan NDI Conference discusses user concerns’ (Kuensel Online, 25 Jun 2024) <https://kuenselonline.com/bhutan-ndi-conference-discusses-user-concerns/#:~:text=Data%20privacy%2C%20a%20concern%3F,commonly%20associated%20with%20centralised%20systems> accessed 10 July 2024.

48.^

Pallavi Sharma, ‘Balancing digital inclusion and data-privacy trust levels: a Bhutan perspective’ (DigiconAsia) < https://digiconasia.net/features/balancing-digital-inclusion-and-data-privacy-trust-levels-a-bhutan-perspective> accessed 10 July 2024.

49.^

‘Statelessness among Resettled Bhutanese Refugees in Europe: An Unresolved Problem’ (European Network on Statelessness, 10 June 2021) <https://www.statelessness.eu/updates/blog/statelessness-among-resettled-bhutanese-refugees-europe-unresolved-problem> accessed 9 January 2025. Also see, Bill Frelick, ‘Bhutan’s Ethnic Cleansing | Human Rights Watch’ (1 February 2008) <https://www.hrw.org/news/2008/02/01/bhutans-ethnic-cleansing> accessed 9 January 2025.

See Statelessness Overview