SUB-REGIONAL OVERVIEW: SOUTH ASIA Undetermined nationalities UNHCR has noted that “various studies estimate that a large number of individuals lack citizenship certificates in Nepal. While these individuals are not necessarily all stateless, UNHCR has been working closely with the Government of Nepal and partners to address this situation”.2283 In 2016 the Forum for Women, Law and Development projected that by 2021 as many as 6.7 million people would be without citizenship.2284 Stateless Refugees All of the 452 reported stateless persons in Nepal are Rohingya refugees from Myanmar.2285 Additionally, the US Department of State reported that 6,365 Bhutanese refugees remain in Nepal, many of whom are stateless.2286 Causes of Statelessness Discriminatory nationality laws There has been consistent advocacy and scrutiny around Nepal’s gender discriminatory citizenship laws at a domestic level as well as a focus on international academics and organisations.2287 Despite the 2023 amendment which removed some gender-discriminatory aspects of Nepal’s citizenship legislation, several groups still face discriminatory barriers in accessing citizenship. Previously, a child born to a single Nepali citizen mother would only gain citizenship by descent when the father was not identified only through a court order.2288 The changes provided that children born to single mothers and citizens by birth may obtain Nepali citizenship, however, The changes provided that children born to single mothers and citizens by birth may obtain Nepali citizenship, however, extra conditions remain for single mothers to confer citizenship to their children. 206 SUB-REGIONAL OVERVIEW: SOUTH ASIA extra conditions remain for single mothers to confer citizenship to their children.2289 For children born to a single mother whose husband cannot be traced, citizenship may only be conferred by the mother if she or the child signs a self-declaration to declare that the father is in fact not traceable. The law further dictates that if the details provided are found to be false, they may be punished by 3 years in prison and the citizenship of the child will be revoked.2290 Administrative barriers The amendment also stipulated that a child born to a foreign man and Nepali woman can acquire naturalized citizenship even if not born within the territory.2291 There are no such provisions allowing Nepali women to confer nationality to a foreign spouse. In instances where a child is born to a Nepali citizen mother and a foreign father, citizenship can only be acquired through naturalisation (where children born to citizen fathers gain citizenship by descent). Such naturalized citizenships depend on the discretion of the Ministry of Home Affairs and till date very few people have received such citizenships.2292 The effectiveness of implementation of the new protective measures included in the amendment are yet to be seen. As many as 400-500,000 persons are estimated to have been rendered stateless due to discriminatory provisions in Nepal.2293 Aside from the discriminatory provisions of citizenship legislation in Nepal, the implementation of such legislation has also been found to be discriminatory.2297 The arbitrary levels of discretion applied by authorities, who consist mostly of men, in issuing documentation has often denied women and their children documentation due to discriminatory patriarchal beliefs.2298 Further, the same discriminatory discretion is seen in distribution of birth certificates, causing a lack of birth certificates among such marginalized Administrative and policy barriers affect the ability of marginalized groups, including the LGBTQIA+ community, women, and Dalit and Madheshi communities, from accessing citizenship certificates.2295 Children born to and/ or living with single mothers continue to face a number of administrative barriers in gaining birth registration and citizenship certificates.2296 The arbitrary levels of discretion applied by authorities, who consist mostly of men, in issuing documentation has often denied women and their children documentation due to discriminatory patriarchal beliefs. groups which presents another barrier in accessing citizenship.2299 The cost of obtaining the required documents for application of citizenship is also a barrier to some.2300 The lack of a citizenship certificate leads to exclusion from a wide range of political, social, civil, and economic rights as the document is required to participate in many facets of public life as well as to obtain other identity documents.2301 For example, a citizenship certificate is the only way to confirm a person’s identity in order to register to vote, which means that those without it do not enjoy the right to vote.2302 Further, children are unable to enroll in the education system without a citizenship certificate.2303 During the COVID-19 pandemic, citizenship certificates were also required for accessing relief packages, leaving these groups more vulnerable to the impacts of the pandemic.2304 Not having a citizenship certificate can even prevent birth registration of the affected persons children, perpetuating the cycle of lack of documentation.2305 The birth registration rate in Nepal was reported at 77% in 2019.2306 Not having a citizenship certificate can even prevent birth registration of the affected persons children, perpetuating the cycle of lack of documentation. There are no such provisions allowing Nepali women to confer nationality to a foreign spouse. Lack of legal safeguards against childhood statelessness The citizenship law of Nepal provides that foundling children are considered citizens by descent until their father or mother is identified.2294 Nepali citizenship laws do not address access to citizenship for children of stateless parents. Children unable to access citizenship under the gender discriminatory provisions in Nepal’s citizenship law are not protected from statelessness. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 207