of Article 28 CRC. Children of Nepali women who are unable to access their mother’s citizenship as a result of gender
discriminatory nationality laws are often prevented from attending public school until all children with citizenship
are registered and are often forced to pay higher school fees.8 Many, because of their nationality status, will not
have access to state-sponsored education. This situation continues through secondary and tertiary education,
severely limiting children’s access to education and, later, job opportunities. Resultantly, stateless children are also
vulnerable to exploitation, including human trafficking and child labour.9
Violation of Articles 2 and 3 CRC
The situation described above also is in violation of Articles 2 and 3 CRC. The freedom from discrimination enshrined
in Article 2 is undermined both by the gender discriminatory nationality law, and by its implementation which
further disadvantages the children of mothers who come from ethnic minorities and/or lower castes. The prevailing
situation in Nepal where nationality is only confirmed after the age of 16 and children can be rendered stateless is
in clear contravention of the principle of the best interests of the child, as are the various human rights impacts
that flow from the lack of a legal status, including in relation to access to education and healthcare. In fact,
childhood statelessness has been described as “antithesis to the best interests of children”.10 The degree of noncompliance of discriminatory nationality laws with these guiding principles to the CRC demonstrate that they are
fundamentally at odds with the Convention’s purpose.
List of Issues
In light of the above information, we respectfully urge the Committee to raise the following questions with the
government of Nepal in its List of Issues:
What steps are proposed to urgently bring Nepal’s nationality law into compliance with its obligations
under CRC Articles 2, 3, 7 & 8, in particular by ensuring children’s right to acquire a nationality, respecting
the child’s right to an identity, protecting the child from discrimination, ensuring the bests interests of the
child at all times and protecting all children from statelessness?
What steps are proposed to amend/repeal all discriminatory provisions that prevent women from
acquiring, retaining and transferring citizenship on an equal basis with men in the Constitution, Citizenship
Act and Rules, and ensure the effective implementation of the law?
What steps are proposed to ensure that all children in Nepal have equal access to education, healthcare
and other socio-economic rights, regardless of their legal status?
We thank you for the opportunity to submit this letter to the Committee, and remain committed to promoting
equal nationality rights for all children in Nepal and throughout the world. If the Committee requires any further
information or clarification, please do not hesitate to contact us.
Sincerely,
Forum for Women,
Law and Development
Institute on Statelessness
and Inclusion
Global Campaign for
Equal Nationality Rights
72 Adarsha Marg, Thapathali
Kathmandu, Nepal
Email: sabinlaw@hotmail.com
Gestelsestraat 134, 5615 LJ
Eindhoven, The Netherlands
Email: Amal.deChickera@InstituteSI.org
c/o Women’s Refugee Commission
122 East 42nd St., 11th Floor
New York, NY 10168
Email: CatherineH@wrcommission.org
8
Maureen Lynch and Melanie Teff, “Childhood Statelessness,” Forced Migration Review, Vol. 32, available at:
http://www.fmreview.org/FMRpdfs/FMR32/31-33.pdf
9
Open Society Justice Initiative, Children’s Right to a Nationality, available at:
http://www.ohchr.org/Documents/Issues/Women/WRGS/RelatedMatters/OtherEntities/OSJIChildrenNationalityFactsheet.pdf
10
Nubian Minors v. Kenya, African Committee of Experts on the Rights and Welfare of Children, 22 March 2011, 002/2009.