Report on Citizenship Law: Nepal • Gender Identity The constitution also allows acknowledgement of the gender identity of persons in the certificate of citizenship.38 This implies that persons may mention their desired gender in the citizenship certificate. This is a new provision that was not found in previous constitutions. • Citizenship through the father or mother Persons who are eligible to acquire citizenship by descent may acquire it through the father or the mother.39 This provision seems to contradict Article 11(5) and seems to be a continuation of Article 11(2)(b). A proper legal interpretation is therefore necessary in order to understand the actual intent of this provision. • Non-residential citizenship This is a new form of citizenship that did not exist in the previous Nepalese constitutions. A foreign citizen residing in a country other than the South Asian Association for Regional Cooperation (SAARC) nations can acquire non-residential citizenship of Nepal if he/she or his/her father, mother, grandfather or grandmother was a citizen of Nepal by birth or descent. Such citizens can only exercise economic, social and cultural rights.40 Other grounds for acquisition of citizenship in the Nepal citizenship act, 2006 Section 6 of the act provides for honorary citizenship to be awarded to any internationally renowned person.41 In addition, section 7 states that if any territory is acceded to Nepal, the persons residing in the integrated territory shall be citizens of Nepal.42 3.1.4 Procedures for obtaining citizenship according to the Citizenship Act Section 8 specifies the procedures for obtaining a citizenship certificate. It specifies that the certificate can only be acquired after the age of 16 and that the person needs to file an application with copies of the following documents:43 i. The Nepalese citizenship certificates of descendants of relatives within three generations on the paternal or maternal side; ii. A recommendation from the village development committee (VDC) or municipality concerned certifying the place of birth and relationship. However, female Nepalese citizens married to a foreigner cannot apply for this citizenship.44 Sub-section (2) has provisions regarding the procedure for applying for citizenship by birth. The applicant needs to file an application with copies of the following documents:45 i. A recommendation from the village development committee or municipality concerned certifying birth in Nepal and permanent residence in Nepal. 38 39 40 41 42 43 44 45 Article 12, Constitution of Nepal, 2015. Ibid. Article 14, Constitution of Nepal, 2015. Nepal Citizenship Act, 2006, sec. 6. Nepal Citizenship Act, 2006, sec. 7. Nepal Citizenship Act, 2006, sec. 8(1). Nepal Citizenship Act, 2006, proviso of sec. 8(1)(a). Nepal Citizenship Act, 2006, sec. 8(2). RSCAS/GLOBALCIT-CR 2017/8 - © 2017 Author 9