discrimination against women and other groups. Germany recommended that Nepal
criminalise discrimination against women and other historically vulnerable groups. Chile
recommended that Nepal ensure, without discrimination, the rights of women, persons with
disabilities, and other vulnerable groups. These recommendations were also accepted by
Nepal.
14. Relatedly, Nepal received recommendations on citizenship, namely, to enact legislation to
ensure citizenship rights to lesbian, gay bisexual, transgender and intersex people.9
Additionally, OHCHR raised concerns over the failure of Nepal to implement a Supreme Court
ruling that upholds equal rights in the granting of citizenship and identity documents to
members of sexual minorities.10
15. In its response, Nepal stated that it is:
“Committed to the promotion of the rights of minorities, including gender minorities. It
has pursued the policy of recognising the identity of gender minorities and achieving
effective implementation of relevant laws prohibiting discrimination on any ground.
Any person, regardless of gender, is entitled to obtain citizenship along with an identity
consistent with equal rights policy”.11
16. France recommended that the new Constitution be aligned with international conventions
ratified by Nepal, while Azerbaijan recommended that Nepal continue efforts to bring
legislation in line with international standards. Both recommendations were accepted.
17. Nepal also received recommendations to accede to a number of treaties including the 1951
Convention relating to the Status of Refugees and its 1967 Protocol (Refugee Convention), the
International Convention for the Protection of All Persons from Enforced Disappearance (CED)
and the Rome Statute. Nepal did not support these recommendations.12
18. Notably, during the first cycle, the OHCHR Compilation of UN information highlighted concerns
by the United Nations Country Team (UNCT) regarding access to citizenship certificates for
marginalised communities, “including impoverished and landless persons”.13 They also noted
that persons lacking citizenship certificates were prevented from having basic rights, such as
owning property or acquiring travel documentation.
19. The OHCHR Compilation of UN information also expressed concerns from UNCT and CEDAW
regarding the obstacles faced by Nepali women who marry a foreign husband in transferring
their nationality to family members:
“UNCT was concerned that the draft citizenship provisions proposed as part of the new
Constitution did not achieve gender equality by bolstering the rights of women, but
rather by reducing the rights of Nepali men to convey citizenship to family members. In
this context, UNCT alerted to the risk that such restrictions could lead to statelessness
in many cases.”14
9
Ibid. p 13. Recommendation made by the United States of America.
United Nations Human Rights Council, Compilation prepared by the Office of the High Commissioner for Human Rights in accordance
with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1, 10th sess, UN Doc A/HRC/WG.6/10/NPL/2 (1 January 2009) p 7.
11 Ibid. p 12.
12
Ibid. p. 22. Recommendations made by Algeria, Moldova, Slovenia, and the Netherlands.
13 United Nations Human Rights Council, Compilation prepared by the Office of the High Commissioner for Human Rights in accordance
with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1, 10th sess, UN Doc A/HRC/WG.6/10/NPL/2 (1 January 2009), p
7.
14 Ibid. N 6.
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