This proposed ‘levelling down’ instead of ‘levelling up’ approach, will not eradicate discrimination and its negative consequences on children. Instead, it threatens to impose the same unrealistic barriers that single female parents face in conferring nationality to their children on single male parents as well. Furthermore, this provision will undermine the positives of Article 8(2) of the Interim Constitution and of the progressive jurisprudence of the Supreme Court that has upheld the right of single women to confer their nationality to their children. As it requires both parents to be citizens of Nepal (and implicitly both to play a role in the application process), the likelihood of more children being rendered stateless as a result is extremely high. The general patriarchal and discriminatory attitudes towards women are likely to mean that single women and their children will be particularly disadvantaged. 27. Children of a Nepali mother and unidentified father, who is subsequently identified as a foreigner: In relation to cases where the a child is born to a Nepali mother whose father is not identified, the proposed provision of the CA states that such children may be given citizenship by descent in cases where the child is born and residing in Nepal. However, the citizenship would be changed automatically to naturalized citizenship in cases where the father of such child is identified as a foreigner. This discriminatory provision not only fails to recognize the independent identity of the mother but also may result in stigmatizing both mother and child in genuine cases of unknown paternity involving incidents of rape, sex-work, trafficking, migrant women workers, extra-marital relationship and similar cases.15 28. Women unable to transfer citizenship to spouse of foreign nationality: The proposed provisions with regard to transferring citizenship to foreign spouses, allows Nepali men to confer citizenship to their foreign wives after they initiate proceedings to renounce their previous nationality. However, in cases of Nepali women married to foreigner, the husband can only apply for naturalized citizenship after 15 years of residence in Nepal, and the state retains significant discretion to accept or deny such applications. Moreover, no special privileges in relation to visa, employment or business opportunities are available to a foreigner husbands.16 29. Nepali women unable to transfer citizenship to children if the father is a foreign national: In relation to children born to one Nepali and one foreign parent, the provisions proposed by the CA requires both parents to have obtained Nepali citizenship for the children to obtain Nepali citizenship (or apply for citizenship).17 However, reading this provision with the proposed provision relating to acquiring citizenship by marriage,18 children born to Nepali mothers are not guaranteed right to citizenship even through naturalization. A foreigner father not only requires 15 years of residential requirement but the conferral of such citizenship is a matter of discretion of the government. In contrast, where the foreigner mother starts the process of renunciation of her previous nationality, the child can obtain citizenship without any residential requirement/pre-requisite. This draft provision also fails to take into consideration the issues of children of Nepali women who separate from their foreigner husbands including in cases of domestic violence. 30. Discrimination in relation to naturalized citizens holding public posts: As decided by the CA, naturalized citizens except for foreigners married to Nepali women who subsequently naturalized, are eligible to hold most public posts either by election or nomination.19 15. 16. 17. 18. 19. 6 UNHCR, On Citizenship, unpublished manuscript on file with FWLD, at page 6. Except in cases of Indian nationals, for whom Section 7 of the Peace and Friendship Treaty of 1950 between Nepal and India is applicable, and allows to grant, on reciprocal basis, to the nationals of one country in the territory of the other, the same privileges in the matter of residence, ownership of property, participation in trade and commerce, movement and privileges of a similar nature. Article 3(1b) of the proposed provision. As approved by the CRSD Committee. The posts that naturalised citizens cannot hold are those of President, Vice-President, Prime Minister, Head of the Federal Legislature and Head of the Federal Judiciary, Head of Security Forces, Head or Deputy Head of Federal State.