36.
Poor access to birth registration: Though birth registration is a universal right, the implementation of birth
registration remains low in Nepal. In addition to practical issues around access, the children of single mothers,
or mothers married to foreigners, refugees or stateless persons may not be registered due to discriminatory
attitudes.
RECOMMENDATIONS
37.
Based on our collective and continuous research, advocacy and engagement on the issue of gender
discriminatory citizenship laws in Nepal since 1995 (in the earliest instance), and in particular, in relation to
the points made in this submission, the following recommendations are made.
38.
While the Human Rights Council has stated that “[t]he second and subsequent cycles of the review should focus
on, inter alia, the implementation of the accepted recommendations and the developments of the human rights
situation in the State under review”,24 in light of the fact that Nepal did not accept the only recommendation
in relation to statelessness and accepted but failed to satisfactorily act on various recommendations related
to gender equality, these recommendations build on the previous recommendations but also introduce new
recommendations in response to the deteriorating situation:
I.
Fully promote, respect, protect and fulfil its obligations under international human rights law. In particular,
ensure that its national laws, policies and practices fully comply with Article 9 CEDAW and Articles 7 and
8 CRC, and with general principles of equality and non-discrimination enshrined in international treaties.
II.
Constitutionally recognize the fundamental human right of all human beings to a nationality, without
discrimination. Recognise also that right to a nationality is not subject to the unfettered discretion of
administrative authorities, but instead should be protected by the state, which has an obligation to
implement court decisions in this regard.
III.
Take immediate steps 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.
IV.
Recognise the independent right of each parent to provide citizenship based on lineal descent to their
children, and the right of both women and men to confer citizenship to their foreign spouse on equal
terms.
V.
Promote universal birth registration of each child, including children of refugees, foreigners, stateless
persons and single mothers.
VI.
Address patriarchal and discriminatory societal attitudes that prejudice public decision making and
undermine the equality and dignity of Nepali women.
VII.
End statelessness in Nepal by conferring citizenship to all persons who have been denied citizenship due
to the prevalence of gender discriminatory nationality laws, and prevent statelessness from occurring in
the future.
VIII. Ratify the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness.
24.
8
Human Rights Council, Resolution 16/21: Review of the work and functioning of the Human Rights Council, UN Doc. A/
HRC/RES/16/21, April 2011, Annex 1, Para 6.