do not have a workplace ID or a school ID, they
simple directive that they can receive a vaccination. The acquisition of this letter from a Ward
this however, people are still being asked to
lockdowns, especially during the second wave.
persons and those without documentation to
fecting their access to vaccinations.
Mental Health: The COVID-19 pandemic and
lockdown are helpful tools to explain statelessness to those who do not understand or
cannot comprehend the experiences of stateless persons. During lockdown, Nepali citizens
are facing discomforts and restrictions, which
have led to many people developing serious
mental health issues that demand professional intervention; stateless people live in a state
of perpetual lockdown with very limited (if any)
access to equal rights and opportunities. The innumerable restrictions faced by stateless people throughout their lives (which extend past the
parameters of the COVID-19 lockdowns) have
resulted in mental health issues that have never
been addressed, with prominence given to the
legal aspect only. There has always existed an
immense need to provide mental well-being services alongside legal services to those without
of COVID-19 and in the context of lockdowns
being lifted and restrictions eased, it is essential to provide referral services to those in need.
Further, the continual delay of the proposed
amendments to the Citizenship Act has led to
increased stress and pressure on individuals
with uncertain legal status due to the uncertainty of the incorporation of effective legal remedies into national legislation, which they hope,
will increase their chances of acquiring citizenship.16
SOCIO-ECONOMIC RIGHTS
Exclusion from Emergency Relief: Following
the national lockdown imposed by the government in March 2020, the government made it
mandatory for Nepalis to produce citizenship
ages, thereby excluding stateless persons from
this relief. The impact on stateless persons
was drastic and compounded by the adverse
psychological impact of being ignored by their
own government during a national emergency
and global crisis. In response to this exclusion,
Nepalese civil society litigation resulted in the
Supreme Court of Nepal issuing an interim order to the government to grant relief regardless
of citizenship or documentation. The court referred to the “right to live with dignity of every
person” and stated that “there is no doubt relief
should be provided without discrimination.” Despite this ruling, those without citizenship in Nepal continue to be largely excluded from relief
and it is unclear to what extent the order is being
adhered to.17 There have been no recent government announcements regarding the distribution
of relief packages.
STATELESSNESS AND
THE RIGHT TO NATIONALITY IN NEPAL
The Constitution of Nepal18 and the 2006 Nepal
Citizenship Act19 are the relevant laws regarding
citizenship. Citizenship can be obtained through
birth or naturalisation. Article 10 of the Constitution recognises the right to citizenship as a
fundamental right and states that no one “shall
be denied the right to acquire citizenship.” Article
11(2) regulates who shall be deemed citizens
of Nepal. It includes those “who have their permanent domicile in Nepal” and “whose father or
mother was a citizen of Nepal at the birth of such
person” as citizens by descent. However, Article
whose parents are both citizens are eligible to
apply for citizenship by descent after becoming an adult. This limits the ability of women
to confer citizenship independently. Secondly,
Article 11(5) stipulates that children born in Nepal to Nepali mothers may acquire citizenship
by descent if their fathers cannot be traced, but
izen, the citizenship of children will change to
naturalised. This rule does not apply to children
of Nepali fathers, which means their nationality will not change depending on the mother’s
nationality. Thirdly, Article 3(1) of the 2006 Citizenship Act provides similar rights as Article
11(2) of the Constitution, however, Article 3(2)
and Article 5(2) deem that children born “out
of wedlock by a Nepali female to a foreign national” can only acquire citizenship through naturalisation, with extra criteria and a procedure
to be followed. On 21 May 2021, an ordinance
amending the 2006 Nepal Citizenship Act was
passed. The ordinance offers nothing new and
simply amends certain provisions in the Act to
make it consistent with Article 11(3) and (5) of
the Constitution. The passing of the Bill however means that children of Nepali mothers born
in Nepal whose fathers cannot be traced can
amendment in the Act, this provision was limited to the constitution and the procedures were
not laid down. The Act now stipulates that if the
child and the mother present a self-declaration
stating that the father cannot be traced, they will
be able to acquire Nepali citizenship by descent.
THE CESF CONSORTIUM PROJECT
Following an extensive research phase, this project carried out by CAPN aims to respond to
the impacts of COVID-19 on stateless people in Nepal and spread awareness about statelessness among the public. To achieve this, CAPN is creating an audio-visual podcast series
to engage in dialogue about how COVID-19 is impacting stateless people, while simultaneously raising awareness about statelessness and spreading accurate information about
COVID-19. CAPN has also created a phoneline offering a referral service that provides users
with guidance and support on mental wellbeing, as well as legal advice and support. The
project is designing several tools to raise awareness, including a programme on Nepal’s national radio FM station and social media accounts to expand outreach across national and
global audiences. To boost further advocacy, a research report will be published and shared
with relevant stakeholders in a strategic advocacy push for change.
The project is implemented by CAPN. Formed in 2015 by individuals severely affected by
the discriminatory nationality law, CAPN was established prior to the promulgation of the
new Constitution of Nepal in order to give a voice to affected people, facilitate dialogue, and
lobby for equal citizenship rights. Over 1800 affected persons currently belong to CAPN,
ication of statelessness.
Impact
20
families. Following this they carried out similar relief activities for a further 40 people including
2 post-natal cases. In the initial stages of their project, CAPN researched the impact of
COVID-19 on stateless communities in Kathmandu, Pokhara and the Terai regions and the
adverse effects on mental health as a result of being left out of government relief initiatives,
through interviews and surveys. This research helps bridge a gap between Nepali citizens
and the stateless regarding issues of equal citizenship laws and also enabled CAPN to
identify and address the practical issues faced by stateless people, such as their mental
health and legal needs. This in turn, has shaped follow up activities described above. Seven
individuals with citizenship issues have reached out to CAPN for support. Due to the pandemic, pursuing legal action is not currently an easy avenue so the CAPN team provided
direct support and three of the clients have been referred to the Forum for Women Law
and Development for legal advice. As soon as court resumes two of these clients’ written