SOLVING STATELESSNESS
4. Addressing statelessness through the rights to
equality and non-discrimination
Amal de Chickera and Joanna Whiteman!
1. Introduction
“My neighbours speak
that Iam not worthy
further, I can’t get my
I can’t do anything to
want to speak to me.
Nepal.”
Many
statelessness
badly to me because I am stateless. They tell me
of doing anything. They mean that I can’t study
certificates, I can’t fight for common man posts,
make something of myself and so why would they
They are my neighbours, my relatives.” Siwani,
stories,
like
that
of
Siwani,
are
tales
of
marginalisation and discrimination.* Sometimes the centrality of
discrimination to a person’s story is obvious. Siwani, for example,
is stateless because her mother is Nepali but her father is not and
Nepal is one of 27 countries that still have discriminatory nationality
laws which do not allow women to confer their nationality on their
children on the same basis as men. Sometimes the link between
1
2
>
Amal de Chickerais a co-founder and co-director of the Institute on Statelessness
and Inclusion (ISI) and Joanna Whiteman is co-director of the Equal Rights
Trust (ERT). In conceptualising and producing this article, the authors have
benefitted from the work they have done at ISI and ERT respectively. However,
all views are the authors’ own.
Siwani, the stateless daughter of a Nepalese woman, reflecting on her feeling
that she faces discrimination from members of the community as well as
authorities in Nepal during an interview with the Equal Rights Trust in
Kathmandu on 14 October 2015. See, Equal Rights Trust, My Children’s Future:
Ending Gender Discrimination in Nationality Laws, 2015, p. 23.
For example, the United Nations High Commissioner for Refugees (UNHCR) has
stated that, “[dJiscrimination on the basis of ethnicity, race, religion, language
or disability is a recurrent cause of statelessness. In fact, the majority of the
world’s known stateless populations belong to minority groups. Instances of
denial, loss and deprivation of nationality on discriminatory grounds leading
to statelessness continue to occur in a range of countries. These include
situations of mass deprivation of nationality on the grounds of ethnicity or
race during recent decades.” UNHCR, Global Action Plan to End Statelessness:
2014-2024, p. 14.
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