Statelessness Working Paper Series No. 2015/02 However, this does not mean that women cannot become members of dominant identity groups. 172 women are members of the Constituent Assembly, which equals 30% of the seats 25. In some cases, this intersectionality is associated with the fact that women are family members of already powerful elites and are hence born into their social and political role. However, it remains questionable how far female Constituent Assembly members identify with women belonging to lower castes and social and religious backgrounds different to their own and consequently, in how far they were able to shape perceptions, assumptions and substantially the provisions of the new Constitution in order to prevent further gender-based discrimination and to grant thousands of stateless persons the rights and duties reserved for Nepali citizens. Citizenship can function as a ‘transmitter’, supporting the formation of a person’s identity within the public and private sphere. Ideally, an individual should have the freedom of choice to acknowledge and develop his/ her coherent identity. While the formation of identity is limited by external forces— for example through the denial of citizenship— girls or women who lack access to information and education about the advantages of being or becoming a citizen of Nepal do not perceive a limitation of choice. Their awareness of the existence of the possibilities is narrowed and therefore their skills and capacities to shape their identity is (pre-) constrained. Prevailing traditions, customs or beliefs can prevent individuals from exploring further their identity. In the context of Nepal, this may involve the case of girls and women living in remote and poor areas where the importance of identity cards and birth registration might not be known or traditional mind-sets and behaviours might inhibit women from going to school as well as choosing a husband rather than opting for arranged marriages. It has to be conceded that within rural areas, the value of citizenship might not play an immediate role because the private and public sphere function to a certain extend without the interference of for example governmental law and order or the need for a bank account as well as higher education. Nevertheless, modern technology, including affordable mobile phones, an improving infrastructure, including better streets as well as a growing energy supply, and an increasing contact with other communities and cultures create points of exchange. Women gain both a complex knowledge of the rights and privileges related to a citizenship and they are increasingly confronted with a rather multifaceted living environment. In addition, a child of a stateless mother will have to face significant challenges to apply for citizenship in Nepal. 6. The constant mode of bargaining Within the established social, political and economic order, deeply held individual and group perceptions, cultural assumptions and institutional practices are subject to a constant mode of bargaining and hence transformation within and between the identity groups. However, the bargaining power of minority groups is relatively low and their means of bargaining are determined by the influence of dominant elites. This is exemplified by the fact that, while in theory children are allowed to obtain the Nepali citizenship if only their mothers are Nepali (Article 11.2.b of the new Constitution), due to the strong bargaining power of powerful identity groups, mainly composed by male officials and stakeholders, the written law is actually object of interpretation and is implemented in a discriminatory manner. Under the light of Article 11.5 of the new Constitution Nepali authorities reject the application for naturalization submitted only by mothers if the father of the child is a foreigner. Therefore, the resulting reality is consistent with the traditional mind-set. The history of Nepal has proven that identity groups are continuously bargaining to achieve more power, societal freedoms and/or human rights. Thus, the marginalization of women is a significant element of Nepal’s historical development. Even the multiparty democracy established in 1990 did 25 Retrieved 03.07.2015 from http://www.ekantipur.com/the-kathmandu-post/2014/02/24/top-story/womensrepresentation-in-ca/259665.html 6