the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) and the Convention on the Rights of Persons with Disabilities (CRPD). Nepal has not ratified the 1954 Convention Relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness. However, it is notable that Nepal has made no reservations to CEDAW or the CRC, which contain important protections against gender discrimination in nationality law (CEDAW Art. 9) and the prevention of childhood statelessness (CRC Art. 7 and 8). 10. Significantly, the Treaty Act of Nepal stipulates that: “In case of the provisions of a treaty, to which Nepal or the government of Nepal is a party upon its ratification, accession, acceptance or approval by the Parliament, inconsistent with the provisions of prevailing laws, the inconsistent provision of the law shall be void for the purpose of that treaty, and the provisions of the treaty shall be enforceable as good as Nepalese laws.”6 11. Furthermore, the Interim Constitution, in force since 2007, also requires the State “to implement effectively international treaties and agreements to which [it] is a party.”7 Thus, the international law obligations of Nepal have added force as they supersede national laws which contradict them. GENDER DISCRIMINATORY LAWS VIOLATE NEPAL’S INTERNATIONAL OBLIGATIONS 12. Despite the strong international obligations of Nepal which are bolstered by national laws that maintain the supremacy of international treaty obligations, Nepal is one of 27 countries around the world that continues to discriminate against women in their ability to confer their nationality on their children on an equal basis with men.8 Gender discrimination in nationality laws contravenes Article 9(2) of the CEDAW and can lead to statelessness when fathers are stateless or also unable to confer their nationality on their children. 13. Nepal is also one of over 60 countries that denies women equal rights with men to acquire, change or retain their nationality, and to confer nationality on their non-national spouses, in contravention of Article 9(1) of CEDAW. 14. Furthermore, gender discrimination in Nepal’s citizenship law often results in statelessness of children whose mothers have faced discrimination, despite Nepal’s obligations under Article’s 7 and 8 CRC. Article 7 CRC obligates the state to register the child immediately after birth and bestows on the child the right, from birth, to a name and nationality. States are obligated to implement these rights, “in particular where the child would otherwise be stateless.” Article 8 CRC obligates states to respect the child’s right to an identity “including nationality, name and family relations”. 6. 7. 8. Treaty Act, 2047 (1990), Section 9(1). This translation of the law appears on the Nepal Law Commission Website and can be accessed here: http://www.lawcommission.gov.np/site/sites/default/files/Documents/nepal-treaty-act.pdf. Interim Constitution of Nepal, 2063 (2007), Section 33(m). UN High Commissioner for Refugees (UNHCR), Background Note on Gender Equality, Nationality Laws and Statelessness 2015, 6 March 2015, available at: http://www.refworld.org/docid/54f8369b4.html. 3