Statelessness Working Paper Series No. 2015/02
Nepal. It is now the responsibility of people living in Nepal and the international community to
pressure the government to revise within the upcoming two years the new Constitution in such a way
that human rights will be protected31. Nevertheless, the legal provisions, that need to be amended in
the future, could be only applied in an equal and just manner if the underlying assumptions of
particular dominant identity groups would be coherent with the main convictions the law needs to
stand for. Only then would be the Constitution a power full tool able to protect Nepali citizens and to
allow them to shape their identities.
Domestic challenges including statelessness, can be resolved if there is sufficient determination, and
the acceptance of people’s equality and diversity can become a reality in Nepal. The struggle for
respect and equality might provoke additional tensions and conflicts between the different identity
groups because the loss of social, political and economic power for one group might come with a
certain cost on all sides, as has happened so far. Only a change on the level of cultural assumptions,
values as well as beliefs, can provoke mid-and long-term changes in behaviour with an effect on the
institutional practice. Women from diverse identity groups should acquire decision-making positions
in institutions in order to integrate various social, cultural and ethnic backgrounds and perspectives
within the policy-making process and to modernise institutional structures. This could help to shift
institutional practices with a trickle-down effect from the public into the private sphere. This shift is
needed because statelessness can provoke a lack of trust in state institutions. In addition, perceived
inequalities between identity groups have an effect on the individuals’ wellbeing as well as the social,
political and economic stability of the entire community and thus the country.
A change is a condition, to adopt a purely equal, inclusive and just constitution, which values women
as much as men, gives the same rights to both genders and aims to eliminate statelessness in Nepal.
Women must have the freedom to pass on their citizenship to their children independently from their
husbands, guardians or patriarchal influence. This will allow them to explore their own identities, to
free their individual and group-related social, political and economic potential and thus spur equal
human development in Nepal. However, the amendment of the new Constitution ensuring women to
pass on citizenship is only one aspect of fostering gender equality in Nepal.
31
Institute on Statelessness and Inclusion, Global Campaign for Equal Nationality Rights and Nepal Civil Society Network of
Citizenship Rights (2015). Nepal, Joint Submission to the Human Rights Council at the 23 rd Session of the Universal Periodic
Review - Summary, Update and Proposed Recommendations for the consideration of States. Retrieved 27.10.2015 from
http://www.institutesi.org/UPRNepal_short.pdf
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