Opinions of the Universal Periodic Review. The UPR is a mechanism by which UN member states give
each other recommendations on human rights reforms. There was significant engagement on Nepal in the
UPR session that took place in January 2021 including on gender discrimination in the law. Member states,
UN Agencies and NGOs made multiple submissions, including separate submissions from UNHCR,
FWLD, and the GCENR. A civil society actor who is very engaged on the citizenship issue in Nepal and
utilizes international and national platforms, including CEDAW, International Covenant on Civil and
Political Rights, Convention on the Rights of the Child, and the UPR, felt strongly that the UPR is very
important to engage in, especially through multiple, joint submissions. Between 2018-2020 the Government
of Nepal was a member of the HRC, which the civil society actor believed provided additional pressure on
the government for their human rights record as highlighted in Box 27, on the previous page.
The U.S. is one of several countries that has issued recommendations to governments on statelessness,
including Nepal, where the U.S. expressed concern about “provisions within the constitution on citizenship
that may discriminate against women and increase the risk of statelessness.” The GCENR participated in
joint UPR submissions with civil society groups and coordinated UPR advocacy with the U.S. mission.
One key informant from Thailand noted that while the UPR had been used effectively by the Swedish
government on other human rights issues in Thailand, no recommendations had been made by other
countries to address statelessness in Thailand. The UPR can be an effective way for the USG and UNHCR
to make change on statelessness, however it must be done as part of a joint effort with civil society.
Box 28: Engagement in Human
Rights Council
“Prior to 2012 there had never been a
significant Human Rights Council
resolution on statelessness or on
nationality rights. So PRM considered
the 2012 Human Rights Resolution
quite groundbreaking. In 2016 the
main reason that the Human Rights
Resolution was such a success was
because it engaged so many countries.
In the end, 107 states came on board
including African countries that had
discrimination in their nationality
laws. By them signing it really opened
an opportunity for advocacy to change
their laws. Another positive outcome
of the resolution was that a Special
Rapporteur got seized on the issue and
produced a report further highlighting
the issue.”
Opinions of Human Rights Council Resolutions. In 2016, the U.S.
co-sponsored Resolution 32/7 on women’s equal nationality rights in
law and in practice that attracted 107 cosponsors, including the Group
of African States. U.S. leadership on this resolution benefited from
engagement with NGO advocates and coordination with UNHCR to
craft strong language and mobilize support from HRC member states.
As mentioned above, the Group of Friends was also very engaged in
helping to support the resolution, as highlighted by a PRM staff
member (see Box 28). A U.S. diplomat recalled how much work had
gone into getting the 2016 HRC together and felt it was a success at
the time. “I think there were a core group of states that made it a
priority issue and when you have the right states making an issue a
priority issue in the multilateral system then success like that is
achievable.” He highlighted the importance of follow through to make
sure the resolution is used at the country level.
While in 2017 there was an expert workshop on best practices to promote women’s equal nationality rights
in law and in practice,26 it is not clear from this evaluation how much impact the resolution has had at the
country level.
The U.S. left the HRC in 2018. While staying engaged, not being a member-imposed limitation on its
effectiveness, such as not having a U.S. Ambassador in the seat at the plenary sessions and not being able
to vote. In 2021, the U.S. rejoined the HRC, providing more opportunities to engage in the future.
26 Eight experts and approximately 70 participants attended the workshop, including State delegations, civil society organizations,
United Nations agencies and persons who had been affected by discrimination against women in nationality laws. One of the
members of the working group on discrimination against women in laws and in practice also participated as an expert. For more
information see https://undocs.org/A/HRC/36/30
20