Statelessness Working Paper Series No. 2015/02 1. Introduction The debate on gender discrimination and citizenship in Nepal intensified in the run-up to the adoption of a new Constitution. The new Constitution presented on 20th September 2015 clearly abuses women’s—and not seldom their offspring’s—human rights. In effect, those discriminated women and their children are not allowed to fully and freely explore their individual identity as well as their social, political and economic potential. The origin of this discrimination is deeply rooted within Nepali society and its perceptions, assumptions and actions towards women. This article focuses not only on women who are not allowed to pass their citizenship on to their children without the support of their husbands or other male relatives, but also puts emphasis on girls and women who are rendered stateless because of discriminatory practices within the administrative apparatus and in the society as such. However, this paper does not ignore the fact that men and boys who are stateless in Nepal suffer heavy burdens as well. While growing up and making their lives in Nepali society, Nepali males and females face different challenges. This paper’s focus, however, is on the challenges faced by females, while still acknowledging the difficulties faced by males. Due to the striking asymmetric power relation between the two genders that is also manifested within the new Constitution and reflected through the comparable high numbers of stateless girls and women in Nepal1, this article primarily focuses on discrimination against women as well as girls, the role of citizenship and its consequences on the formation of identities. Statelessness is a symptom of a dysfunctional system which does not allow members of a minority group within the Nepali society to explore their full economic, political and social potential and capacities. Citizenship is an individual’s entry point into a society that is based on specific cultures cultivated and formed through institutionalized practices. Statelessness therefore has a life-long and direct impact on the person’s sense of belonging within the private and public sphere (chapter three). Traditionally and historically, the social positioning of women and girls can be described as inferior within the Nepali patriarchal society and discriminatory legal provisions, also enshrined in the 2015 Constitution, mirror this positioning (chapter two and four). The reflection on citizenship and identity with its reciprocal influencing factors is further discussed in chapter five. However, a constant mode of bargaining within and between multiple dominant and inferior identity groups can lead to short-, mid- or long-term shifts in their power relations and thus to a change in cultural assumptions and institutional practice (chapter six) towards gender equality in Nepal. International law defines the term stateless person as a ‘person who is not considered as a national by any state under the operation of its law’2. Even though the effective Nepali legal provisions3 outline that a child obtains citizenship by descent from the mother or the father, the practice represents a stark contrast to the written law. The father or both parents together have no obstacles to support the child’s citizenship; however, it is particularly difficult for the offspring to acquire Nepali citizenship by descent only from the mother. The shocking consequence is that about 4’350.000 people above the age of 164, which equals 23,65% of the Nepali population, do not have citizenship certificates5. 1 In Nepal 87% of men above the age of 16 but only 74% of women are holding citizenship certificates. Forum for Women and Law Development (FWLD) (2014). Acquisition of citizenship certificates in Nepal – Understanding trends, barriers and impacts. Publication Nr. 169. 2 Article 1 of the Convention relating to the Status of Stateless Persons, 1954. Nepal is neither party to this international convention nor to the Convention on the Reduction of Statelessness, 1961. 3 Namely the new Constitution Article 11.2.b (2015), the Citizenship Act (2006) and a Supreme Court directive (Sabina Damai and Forum for Women Law and Development (FWLD) v. Government of Nepal, Writ no 06/0703 of 27 January 2011, decided on February 27, 2011). This progressive Supreme Court decision did not have systemic implications which could have contributed to a revision of patriarchal practice, but only resulted into a case-bound recognition of citizenship. 4 With the age of 16, children can apply for citizenship in Nepal. 5 Forum for Women and Law Development (FWLD) (2014). Acquisition of citizenship certificates in Nepal – Understanding trends, barriers and impacts. Publication Nr. 169. 1