married women do indeed have the right to acquire citizenship.47 Importance of documentation 62. The role of citizenship certificates in Nepal is foundational. They determine who can participate in a whole series of activities across the state, and are often required to obtain other identity documents. As a result, stateless people and children of Nepali women residing in Nepal who are denied their mother’s nationality are excluded from a wide range of political, social, civil, and economic rights and duties, resulting in institutional discrimination.48 63. Without citizenship certificates, individuals are unable to: register marriages, births or deaths; purchase or transfer land; participate in votes; attend higher education institutions; open bank accounts; obtain travel documents; access credit; enlist in the army or police force; or obtain full-time permanent employment.49 The court has confirmed that citizenship certificates are the only acceptable proof of identity for the purpose of voter registration, excluding those without certificates from participating in their right to vote.50 64. For children, the lack of a birth certificate can mean being deprived of education. For women, being barred from obtaining citizenship documentation precludes their access to the courts and limits their ability to make legal claims to land and other property, restricting access to justice. ISSUE 3 – Discriminatory Caste System 65. Nepal’s caste system is also a source of discrimination and can result in statelessness, despite Article 24 of the Constitution, which provides the right against untouchability and nondiscrimination on the basis of caste.51 66. The Dalit community is at the bottom of the social hierarchy and constitute 13.2% of the national population. They have experienced long-standing discrimination and have struggled to gain citizenship despite living in Nepal for many generations. 67. Discrimination, lack of awareness, and poverty affect Dalit’s acquisition of citizenship. Intercaste marriage is also an issue for Dalit women marrying outside their caste.52 68. The Badi people, who belong to the Dalit community, have also been denied citizenship as a result of multiple forms of discrimination. Historically, Badi women were forced into sex work. Today, while the community faces continued marginalisation and limited resources such as land and job opportunities, some Badi women engage in sex work. Their children are deprived of birth registration and citizenship certificates due to the unknown status of their father. 47 Supreme Court of Nepal, Nakkali Maharjan v. Office of the Prime Minister and the Cabinet of Ministers et al (2007). Susan Rothe, Gender Discrimination in Nepal and How Statelessness Hampers Identity Formation, Statelessness Working Paper Series No. 2015/02, p 3. 49 Rameshwor Upadhyaya, Problem of Statelessness in Nepal, Nuta Journal, 6 (1&2); Open Society Justice Initiative, Submission to the Human Rights Committee prior to Adoption of List of Issues for Nepal (April 2015), p 3. 50 Open Society Justice Initiative, Submission to the Human Rights Committee prior to Adoption of List of Issues for Nepal (April 2015), p 6. 51 Constitution of Nepal (2015), Article 10. 52 United Nations Web TV, ‘Ensuring the right to a nationality - 11th session of the Forum on Minority Issues’ (30 November 2018), available at http://webtv.un.org/meetings-events/human-rights-council/watch/ensuring-the-right-to-a-nationality-11th-session-of-theforum-on-minority-issues/5973592415001#t=2h04m10s. 48 11