19. Further, even almost five years after the promulgation of the constitution, necessary amendments in the prevailing Nepal Citizenship Act, 2007 in line with the constitution has not been possible. In the absence of legal amendments, a large number of people, constitutionally eligible to acquire a citizenship, by being deprived from acquiring a citizenship. In this context, after two years since the Nepal Citizenship Act Amendment Bill submitted to the House of Representatives (HOR) the State Affairs and Good Governance Committee of HOR had recently passed the Bill and had submitted to the HOR plenary for consideration. Unfortunately, the passage of the Bill has been postponed due to the sudden decision of the Government to end the parliament session. Because of this, along with hundreds and thousand people who are eligible to obtain Nepali citizenship, hundreds of children of the citizens by birth who are entitled to obtain citizenship by descent are being denied as the amendment of existing law is lingering for longer time. This way, many citizens of Nepal are being deprived of their citizenship for none of their fault. Hence, there must be a provision of compensation for these categories of people. 20. The Nepal Citizenship Act Amendment Bill, passed by the State Affairs and Good Governance Committee of the House of Representative, Federal Parliament by a majority has yet to address shortcomings from the perspective of sexual and gender identity, Nepali citizen married to a foreign citizen has to submit of proof of not acquiring citizenship of foreign country or renounced, no provision for complaint mechanism, issues of landless people for the purpose of permanent residence to apply for citizenship, there is no provision whereby Nepali woman can confer citizenship to her foreign husband. Likewise, the provision whereby an individual wishes to be mentioned ‘other’ in the citizenship certificate on the basis of his or her sexual and gender identity shall submit a recommendation of a recognized Medical Doctor. This will create unnecessary burden of proof for persons from sexual and gender minority as well as such procedures may not be dignified and might hurt the dignity of such persons. 21. While the Article 39 (1) of the Constitution first ever in any constitution of Nepal explicitly proclaims that “every child shall have the right to name and birth registration along with his or her identity”. The recent National Identity Card and Civil Registration Act, 2020 which came into the force repealing the previous Birth, Death and Other Personal Events (Registration) Act, 1976 prerequisites document of citizenship certificate for national identity card. This also requires for birth registration. As a result, the children who do not have access to citizenship might be systematically excluded from national identity card and birth registration. It further restricts landless people from acquiring national identity card as they have difficulties in accessing citizenship certificate as well. CASE 4 Denied a birth registration due to lack of citizenship of father Ram (name changed) does not have a citizenship as he was brought up by a Brahmin priest after he lost his father when he was only 8 years old and her mother left him. He could not pursue study and work. He got married in 2018 and has a daughter. When he went to the ward office to register the birth of his daughter, he was denied due to lack of citizenship of him though his wife has already obtained the citizenship. He was then informed by the officials that without his citizenship certificate and without his marriage certificate daughter’s birth cannot be registered. Source: "National Conference with the People without Citizenship" organized by FWLD, December 08, 2019 22. Due to gender discrimination in Nepal’s citizenship law often results in exclusion of birth certificate and citizenship of children whose mothers have faced discrimination, despite Nepal’s obligations under various international human rights treaties. Further, the Constitution guarantees right to birth registration31 however recently enacted law32 requires national identity card for birth registration and a citizenship is made mandatory to obtain a national identity card resulting systematic exclusion of children who are born in Nepal. 31. Article 39 (1), "Every child shall have the right to name and birth registration along with his or her identity", the Constitution of Nepal also available at http://www.lawcommission.gov.np/en/archives/981 32. National Identity and Civil Registration Act, 2019 6