SUB-REGIONAL OVERVIEW: SOUTH ASIA
[which ensures gender equality in nationality
law2255] to guarantee that Nepali women may
confer their nationality to their children, as well as
to their foreign spouses, under the same conditions
as Nepali men, whether they are in the country
or abroad”.2256 In Nepal’s 2021 follow-up to the
concluding observations, the country stated that
“the [Constitution] ensures equality between men
and women with respect to acquiring, retaining,
and transferring of citizenship” and that “this also
equally applies to their children”.2257 Nepal also
expressed that the “[Citizenship Amendment Bill] has
also been submitted in the Federal Parliament”.2258
In response to this, the Rapporteur stated that
Nepal has yet to repeal the discriminatory
provisions of the Constitution and found that the
recommendation has not been implemented.2259
While Nepal has enacted the Nepal Citizenship
(First Amendment) Bill (2079) to amend
gender discrimination since these concluding
observations, as discussed above, remaining
gender discriminatory provisions still deny Nepali
women equal rights to confer citizenship.2260
While Nepal has enacted the Nepal Citizenship
(First Amendment) Bill (2079) to amend gender
discrimination since these concluding observations,
as discussed above, remaining gender discriminatory
provisions still deny Nepali women equal rights to
confer citizenship.
In its 2018 concluding observations, the CERD
Committee expressed concern over government
officials who have reportedly discouraged Dalits
from applying for citizenship.2261 Further, it
highlighted that Madhesis of the Terai region
who acquired citizenship by birth prior to the
promulgation of the Constitution in 2015 have
not been able to confer citizenship by descent to
their children, which violates article 11(3) of the
Constitution.2262 Article 11(3) of the Constitution
states that “a child of a citizen having obtained
the citizenship of Nepal by birth prior to the
commencement of Nepal shall, upon attaining
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SUB-REGIONAL OVERVIEW: SOUTH ASIA
majority, acquire the citizenship of Nepal by descent
if the child's father and mother both are citizens
of Nepal”.2263 The Committee recommended
that Nepal establish clear procedures for issuing
citizenship certificates without discrimination,
that applications are decided upon in a timely
manner with written notification to the applicant of
the reason for denial of citizenship, and that there
be a complaint mechanism for those who receive
a negative decision.2264 With the enactment of
the Citizenship Regulations in 2023, some of these
concerns have been addressed.2265
In Nepal’s 2020 UPR submission, the country
reiterated that its Constitution “ensures equality
between men and women with respect to
acquiring, retaining and transferring of citizenship”
and that its Citizenship Act “fully recognizes and
protects equal status of Nepali women while
granting citizenship”.2266 In the same session, four
states (Canada, Finland, Germany and Panama)
urged Nepal to amend its gender discriminatory
provisions with regard to citizenship.2267 In a joint
submission for the same session, stakeholders
recommended that Nepal:
“Take all necessary measures in line with
obligations under the CRC and ICCPR to
grant Nepali citizenship without delay to all
children residing in the State party who would
otherwise be stateless, particularly children
born to Nepali mothers, and implement
adequate safeguards to protect all children
from statelessness”;
“Review and improve the current application
process for citizenship certificates and
simplify the process with a view to expediting
it and making it more accessible to all
applicants”;
“Review and enhance the transparency
of the system for reviewing and granting
applications for citizenship and reduce the
discretionary threshold for such decisions, so
that citizenship certificates are granted upon
meeting the relevant criteria”
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
“Create a process to provide training to
District Administration Offices on the
provision of citizenship certificates, and
establish a complaint or review mechanism
in case of denial of citizenship application or
discriminatory practices by civil servants”;
“Conduct a comprehensive study on the
state of statelessness of minority and lowercaste groups, and ensure that caste-based
discrimination does not result in denial of
citizenship”;
“Find durable solutions for the enduring
statelessness of intergenerational refugee
populations in Nepal”; and
“Accede to and fully implement the
Convention relating to the Status of Stateless
Persons and the Convention on the Reduction
of Statelessness”.2268
not all necessarily stateless, UNHCR has been
working closely with the Government of Nepal
and partners to address the situation”.2272 In 2021,
it was estimated that approximately 6.3 million
people in Nepal lacked citizenship documentation,
which consists of 25% of the population over the
age of 16.2273
While there is a lack of accurate estimates on
the number of persons affected by statelessness
in the country, it is likely in the hundreds of
thousands.2274 In 2011, UNHCR estimated the
population to be as high as 800,000 affected
persons, a figure which was rejected by the
Government of Nepal.2275 The large number of
people affected by statelessness in Nepal can be
attributed to patriarchal structures combined
with discriminatory attitudes of officials in
providing documentation, “a discriminatory,
caste-based system, and the failure to provide
a durable solution to long-term refugees and
protect their children’s right to nationality”.2276
Population
Reported stateless persons
Persons at risk of statelessness
Nepal reported 452 stateless persons to UNHCR
in 2022, a decrease of 13 people from the
reported numbers in 2021.2269 This population is
entirely composed of stateless Rohingya refugees,
with UNHCR noting that they have information
regarding the in situ stateless population but lack
any reliable data.2270 In 2020, Nepal reported zero
stateless persons, however, it was noted that there
were 371 reported stateless Rohingya refugees
in that year.2271 UNHCR has noted that a “large
number of individuals lack citizenship certificates
in Nepal” and that “while these individuals are
Ethnic minority groups including Dalit and
Madheshi communities in Nepal face issues of
accessing citizenship and identity documents
and are at risk of statelessness.2277 For the Dalit
community, discrimination, lack of awareness,
and poverty have acted as barriers to accessing
citizenship.2278
In 2011, UNHCR estimated the population to be as
high as 800,000 affected persons, a figure which was
rejected by the Government of Nepal.
TABLE 58
Reported stateless persons to the UNHCR
Country
Nepal
2019 (year start)2279
2020 (year end)2280
2021 (year end)2281
2022 (year end)2282
–
–
465
452
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
REPORT 2024
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