SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA Nepal Citizenship Law Nepali citizenship.2242 Foreign citizens applying for naturalization must first renounce their foreign citizenship2243, which could leave them at risk of statelessness if their application is denied and they cannot reacquire the citizenship of their former country, as there are no provisions that prevent such a situation from arising. Jus sanguinis provisions Treaty ratification status Laws The citizenship legislation of Nepal operates through jus sanguinis provisions, which contain gender discriminatory elements. Nepal citizenship legislation is governed by both the 2015 Constitution of Nepal and the 2006 Nepal Citizenship Act which provides that a person born to a Nepali father or mother shall have citizenship by descent.2235 Despite a provision specifically providing men and women equal rights to confer citizenship to their children, the subsequent provisions in the constitution curtail the rights of women and further categorize children based on the nationality or traceability of the father.2236 There is no definition of statelessness included in Nepal’s citizenship law. The citizenship legislation of Nepal operates through jus sanguinis provisions, which contain gender discriminatory elements. The Nepal Citizenship (First Amendment) Bill (2079) provided pathways for previously excluded groups to gain citizenship.2237 Despite the President of Nepal twice refusing to sign the amendment, it was finally enacted in May 2023.2238 While the amendment has generally ensured wider access to citizenship, it still contains gender discriminatory aspects which are discussed in greater depth below.2239 Naturalized citizenship Only foreign citizens who have made a significant contribution to Nepal or foreign women who have married a Nepali man can apply for naturalization.2240 The law also states that a person born to a woman who is a citizen of Nepal and married to a foreign citizen may acquire naturalized citizenship of Nepal.2241 There is no process of naturalization available to stateless persons or refugees. Dual citizenship is not recognized in Nepal. A Nepali citizen who acquires another citizenship will automatically lose their 202 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) The issue of Nepali women’s limited ability to confer citizenship to their children was also mentioned by the CESCR Committee in 2014.2248 The Committee recommended awareness raising among local authorities to ensure that legislation is implemented effectively.2249 The CRC Committee also expressed concerns in 2016 regarding the childhood statelessness of children born to a Nepali mother and foreign father who are unable to gain citizenship until they reach adulthood.2250 It was recommended that Nepal ensure that the acquisition of Nepali citizenship by descent is accessible to children at birth.2251 Nepal has ratified ICCPR, ICESCR, ICERD, CRC, and CEDAW with no relevant reservations. However, the country has yet to ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, and the 1951 Refugee Convention and its 1967 Protocol. In 2018, the CEDAW Committee also raised concern over denial of citizenship certificate and registration of children born to single mothers, which it added denies such women and their children access to bank accounts, a driver’s license, voting, managing their property, education, acquiring travel documents, applying for employment in the public sector and benefiting from social services.2252 The Committee added that along with a high number of persons at risk of statelessness, Nepal has given no timeline for its ratification of the Stateless Conventions.2253 Nepal was recommended to conduct citizenship certificate distribution campaigns and accede to the Statelessness Conventions.2254 The Committee also recommended that Nepal “amend or repeal all discriminatory provisions in its [Constitution] that are contradictory to Article 9(2) of the Convention In 2014, the CRC Committee expressed concerns regarding the low birth registration rate in the country, especially in rural areas and for women who are faced with barriers to registration.2244 The Committee further highlighted that Nepal’s citizenship legislation includes gender discriminatory provisions and that there is no provision providing citizenship for those in Nepal who would otherwise be stateless.2245 It was recommended that Nepal ensure universal birth registration by amending its Birth, Death and Other Personal Incidents Registration Act, establish an efficient and free birth registration system, remove barriers to birth registration and eliminate gender discrimination in its nationality legislation.2246 These recommendations were echoed by the CRC Committee in 2016, adding TABLE 57 Status of Accession of International Human Rights Treaties in South Asia Country Dual citizenship that Nepal should seek assistance from UNICEF and civil society to fulfil their obligations.2247 Nepal ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ⛔ ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness REPORT 2024 203