5.
This joint submission draws on the multiple years of research, advocacy, awareness raising, litigation and
direct support related experience both in Nepal and internationally, of the respective member organisations
of the Network and Global Campaign, and of the Institute. It focuses on the issue of gender discrimination in
Nepal’s citizenship law that has a detrimental impact on Nepali women and their families – both men and
women.
UNIVERSAL PERIODIC REVIEW OF NEPAL UNDER THE FIRST CYCLE
6.
Nepal was first subject to the Universal Periodic Review at Session 10 of the First Cycle, in January 2011.
At this review, Slovakia, recommended that Nepal "Address cases of statelessness in the new Constitution's
drafting process".1 Nepal did not accept this recommendation. As this submission confirms, the failure of
Nepal to accept that it has a statelessness problem, and to act accordingly, has resulted in the human rights
of those victimised by gender discriminatory nationality laws further deteriorating.
7.
Multiple recommendations were made to Nepal in relation to women’s rights and gender equality. Of these,
the following recommendations which were all accepted by Nepal, are the most relevant to this submission:
Recommendation
8.
Recommending Country
Make further efforts to overcome the difficult issue of discrimination on the
grounds of religion, gender, race or otherwise.2
Japan
Continue its efforts to end discrimination on the grounds of religion, race or
gender in law and practice.3
Pakistan
Continue its efforts to overcome discrimination and social exclusion on the basis
of gender, caste, class, ethnic group, disability or geographic situation, in order
to ensure the respect of civil, political, economic, social and cultural rights.4
Argentina
Continue its efforts to ensure gender equality.5
Singapore
As this submission evidences, despite accepting several such recommendations related to enhancing gender
equality, Nepal’s failure to amend gender discriminatory citizenship law has had significant negative impact
on a large portion of the Nepali population.
NEPAL’S INTERNATIONAL LEGAL OBLIGATIONS
9.
1.
2.
3.
4.
5.
2
Nepal has ratified the majority of the international human rights treaties, including the International Covenant
on Civil and Political Rights (ICCPR) and its Optional Protocols, the International Covenant on Economic, Social
and Cultural Rights (ICESCR), the Convention on the Elimination of all forms of Racial Discrimination (CERD),
UN General Assembly, Report of the Working Group on the Universal Periodic Review: Nepal, A/HRC/17/5, 8 March
2011, Para 109.12.
Ibid., Para 106.21.
Ibid.
Ibid.
Ibid., Para 106.22.