RECOMMENDATIONS 30. In light of the fact that Nepal did accept the recommendations like to take necessary measures to ensure the guarantee in the Nepal’s Constitution of full equality between men and women with respect to the nationality of their children; to amend legislation on nationality in order to be able to grant Nepali nationality through either parent;to implement measures to ensure that the rights to acquire, transfer and retain citizenship are extended equally to all women and their children and to ensure that provisions in the Constitution guarantee the equal rights of women as well as their right to acquire, retain and transfer citizenship however as this submission evidences, despite accepting several above mentioned recommendations by the member states under the second cycle of the UPR has failed to implement of the accepted recommendations which has had significant negative impact on a large portion of the Nepali population. Based on our collective and continuous research, advocacy and engagement on the issue the report would like to recommend the following: (i) Fully promote, respect, protect and fulfill its obligations under international human rights law. In particular, ensure that it’s Constitution, national laws, policies and practices on nationality fully comply with the Article 9 of CEDAW that guarantees equality and prevention from statelessness, the Articles 7 and 8 of CRC, and with general principles of equality and non-discrimination enshrined in different international treaties. (ii) Ensure realization of the constitutionally recognized right of all citizen to a nationality, without discrimination. Recognize that the right to a nationality is not subject to the unfettered discretion of administrative authorities, but instead should be protected by the State, which has an obligation to implement court decisions in this regard. Thus, ensure proper implementation of the decisions of the courts including Supreme Court and High Courts.35 (iii) Take immediate steps to amend/repeal discriminatory provisions that prevent women from acquiring, retaining and transferring citizenship on an equal basis with men in the Constitution particularly Article 11(3), 11(5), 11(6), 11(7). (iv) Recognize the independent right of each parent to provide citizenship based on lineal descent to their children, and the right of both women and men to confer citizenship to their foreign spouse on equal terms. Ensure effective implementation of the section 3 the Citizenship Act36 which states that a person born at the time when his/her father or mother is a citizen of Nepal, shall be a citizen of Nepal by descent at birth not after 16 years of age and the section 5 of the Act37 which spells that a child born to a Nepali female citizen from marriage with a foreign citizen in Nepal and having permanent domicile in Nepal, if s/he has not acquired the citizenship of the foreign country on the basis of his/her father may be granted naturalized citizenship. (v) Pass the Nepal Citizenship Act Amendment Bill as soon as possible, as hundreds of thousands of people eligible to acquire citizenship according to the constitution of Nepal are also being deprived from acquiring citizenship and are in statelessness due to the Bill not being passed since a long time. Emplace a provision for compensation to those individuals who qualify to obtain citizenship but failed to acquire Nepali citizenship as the result of lingering by the government. (vi) Conduct training especially targeting to law enforcement agencies to address patriarchal and discriminatory societal attitudes that undermine the equality and dignity of Nepali women. (vii) Expand its civil registry to ensure that all eligible persons irrespective of age are issued legal identity documents, in particular birth certificate and citizenship certificates, in an accessible, affordable and timely fashion, including through expanded outreach at all local levels, to reduce the risk of statelessness and allow access to crucial social, economic and political rights and services. 35. Group of lawyers including the lawyers of FWLD submitted a memorandum on 02 July 2020 to CDO of the Banke district to provide citizenship to 38 persons deprived from citizenship certificate without further delay by implementing fully the decision made by the High Court Tulsipur, Nepalgunj Bench, whereby it has ordered to provide citizenship certificate to them 36. Nepal Citizenship Act, 2006 37. Ibid 9