SUB-REGIONAL OVERVIEW: SOUTH ASIA Two States (Maldives and Nepal) with jus sanguinis structures also have discriminatory provisions in their laws that restrict the ability of conferral of nationality onto children. Nepal’s citizenship laws contain gender discrimination1872, while the laws of India1873 and the Maldives1874 discriminate on the grounds of religion. The laws of the Maldives also contain some potentially gender discriminatory provisions.1875 Citizenship law of the Maldives operates through jus sanguinis provisions that provide automatic citizenship to a child born to a citizen of the Maldives regardless of their place of birth.1876 Two States (Maldives and Nepal) with jus sanguinis structures also have discriminatory provisions in their laws that restrict the ability of conferral of nationality onto children. The Maldives’ citizenship legislation also discriminates on religious grounds, barring nonMuslims from being recognised as citizens of the Maldives.1877 Conversely, India’s Citizenship Amendment Act (2019) provided a pathway to citizenship for undocumented migrants which explicitly does not apply to Muslims.1878 The citizenship law of Nepal operates through jus sanguinis provisions, which contain gender discriminatory elements. The Nepal Citizenship (First Amendment) Bill (2079) removed some, but not all, of the previous gender discriminatory provisions.1879 Previously, a child born to a single Nepali citizen mother would only gain citizenship by descent when the father is not identified through court order.1880 The changes provided that children born to single mothers and citizens by birth may obtain Nepali citizenship, however, extra conditions remain for single mothers to confer citizenship to their children that are discriminatory and undignified.1881 Two States (Bangladesh and Pakistan) have combined jus soli and jus sanguinis structures to their citizenship laws. The laws of Bangladesh 172 SUB-REGIONAL OVERVIEW: SOUTH ASIA provide for both jus soli and jus sanguinis citizenship, however in practice, citizenship by birth appears to only be provided when a child is born in Bangladesh to two Bangladeshi citizen parents.1882 The jus sanguinis provision of the Bangladeshi citizenship law, like the Maldives, provides that a child born either within or outside of Bangladesh to a Bangladeshi citizen by birth automatically acquires citizenship by descent.1883 The citizenship law of Pakistan operates through both jus sanguinis and jus soli provisions. Pakistan’s jus soli provisions has previously been interpreted to provide citizenship to all children born on the territory of Pakistan, except those whose fathers have diplomatic immunity, or are enemies or aliens.1884 However, a Supreme Court decision in 20231885 and a High Court ruling in 20221886 both ruled that all children born in Pakistan are entitled to Pakistani citizenship by birth. Jus sanguinis provisions provide that a child born outside of Pakistan to a Pakistani citizen by birth automatically acquire Pakistani citizenship, while those born to a citizen by descent must register the birth.1887 The laws of three States (Bangladesh, Nepal and Pakistan) contain gender discriminatory provisions that limit the ability of married women to transfer their nationality to foreign spouses on the same basis as men.1888 None of the countries in South Asia provide a definition of a stateless person in their citizenship legislation. The 1954 Convention defines a stateless person as someone “who is not considered as a national by any State under operation of its law”, which notably does not place the burden of proof on the stateless person.1889 Bangladesh1891, Bhutan1892, Pakistan1893, and the Maldives1894. Bhutan’s requirements for period of residence prior to application for naturalization are notably strict in comparison to other countries in the sub-region, requiring a residence period of 20 years prior to applying.1895 Stateless persons have no access to naturalization in Nepal as the procedure is only open to foreign citizens, or in India due to barring individuals categorized as an ‘illegal immigrant’.1896 In Sri Lanka, stateless persons have limited access as only stateless persons who are a descendent of a citizen, have married a citizen, or have provided a distinguished service to the country are eligible for naturalization.1897 Stateless persons have no access to naturalization in Nepal as the procedure is only open to foreign citizens, or in India due to barring individuals categorized as an ‘illegal immigrant’. Treaty ratification status Bangladesh is the only country in South Asia which has gender discriminatory provisions relating to naturalization. While a foreign woman married to a Bangladeshi man may apply for citizenship through naturalization1898, no such provision exists which allows foreign men married to a Bangladeshi woman to gain citizenship through naturalization.1899 India also contains discriminatory naturalization provisions on the basis of religion as only non-Muslim applicants are eligible for the expedited procedure.1900 None of the countries in South Asia provide a definition of a stateless person in their citizenship legislation. None of the countries in South Asia provide a simplified or expedited procedure of naturalization for stateless persons or refugees. Article 32 of the 1954 Convention relating to the Status of Stateless Persons stipulates that such a process should be expedited for stateless persons to “reduce as far as possible the charges and costs of such proceedings”.1901 Naturalized citizenship Dual citizenship Stateless persons may be eligible for the standard naturalization process in Afghanistan1890, Only two States in South Asia, the Maldives and Sri Lanka, allow dual citizenship.1902 In Sri STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Lanka, Sri Lankan citizens are required to make a declaration to the Minister in order to retain their Sri Lankan citizenship upon acquiring another citizenship.1903 While generally not permitted in Bangladesh1904 or Pakistan1905, both countries offer a list of countries which citizens may have dual citizenship with. Dual citizenship is not recognized in Afghanistan1906, Bhutan1907, India1908, or Nepal1909. In both Bhutan1910 and Nepal1911, foreign citizens applying for naturalization in either country must first renounce their prior citizenship, which may place them at risk of statelessness. Article 7(1) (a) of the 1961 Convention on the Reduction of Statelessness states that State parties which allow renunciation of citizenship must ensure that “such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality”.1912 No country in South Asia has ratified either Stateless Convention. Only one State (Afghanistan) is a party to the Refugee Convention and its Protocol.1913 However, there is a high rate of ratification of the key human rights treaties, with all eight States in the region party to the CRC and CEDAW and seven States (excluding Bhutan) to the ICCPR, ICESCR, and ICERD.1914 Bhutan has signed, but not ratified the ICERD. The Maldives notably made reservations to Article 18 of the ICCPR1915, which ensures the right to freedom of thought, conscience and religion, and Article 14 of the CRC1916, which protects the same rights for children. The gender discriminatory legislation of Bangladesh, Nepal, and Pakistan contravene the ICCPR1917 and CEDAW1918, which protect gender equality in nationality laws. All three of these States are a party to the ICCPR and CEDAW. Further, India and the Maldives, due to their discriminatory provisions on grounds of religion, are not in full compliance of their obligations to the ICCPR1919, ICERD1920, or CRC1921 as all three treaties protect the right to a nationality. REPORT 2024 173