SN
5.
Recommendation
Recommending
State
Status
3
Ensure that provisions in the revised Constitution
guarantee the equal rights of women as well as their
right to acquire, retain and transfer citizenship
Sierra Leone
Accepted
4
Amend legislation on nationality in order to be able to
grant Nepali nationality through either parent
Spain
Accepted
5
Implement measures to ensure that the rights to
acquire, transfer and retain citizenship are extended
equally to all women and their children
New Zealand
Accepted
6
Consider amending the Constitution to allow women
to convey their citizenship to their children and foreign
spouses on an equal basis with men
United States of
America
Noted
7
Ratify the conventions on refugees and stateless
persons
Portugal
Noted
As this submission evidences, despite accepting several such recommendations related to enhancing
equality in the area of citizenship right, Nepal’s failure to amend discriminatory citizenship law has
had significant negative impact on a large portion of the Nepali population both men and women.
Effective access to legal identity documents, mainly birth registration certificates and citizenship
certificates, help ensure access to fundamental social, economic, and political rights. It is noted that
Nepal implemented mobile registration in remote areas in 2007 and again in 2013 which led to more
than 3.7 million individuals obtaining citizenship certificates, who had previously faced significant
logistical and geographic challenges. However, a significant proportion of the population of Nepal
who have so far not been able to obtain these main legal identity documents are effectively excluded
from most national assistance (social security) and development programmes and cannot exercise
their rights as citizens.
NEPAL’S INTERNATIONAL LEGAL OBLIGATIONS
6.
2.
3.
Nepal has ratified the majority of the international human rights treaties, including the International
Covenant on Civil and Political Rights (ICCPR) and its Optional Protocols, the International Covenant
on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of all forms
of Racial Discrimination (CERD), the Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the Convention Against
Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) and the Convention
on the Rights of Persons with Disabilities (CRPD). Nepal has not ratified the 1954 Convention
Relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness.
Nevertheless, it is notable that Nepal ratified the CEDAW and the CRC without any reservation, which
contain important protections against gender discrimination in nationality law2 and the prevention
of childhood statelessness.3 Thus, the Government of Nepal therefore obligated to domesticate its
international obligations protecting discrimination in nationality law into the national legislations and
to create enabling environment to ensure the rights guaranteed by these international instruments.
Article 9, the Convention on the Elimination of All Forms of Discrimination against Women
Article 7 & 8, the Convention on the Rights of the Child
2