THE IMPACT AND PREVALENCE OF THE PROBLEM, AND BARRIERS TO REFORM 31. According to a study by FWLD, in August 2013, 4.3 million Nepalese people aged16 and above did not have citizenship certificates, representing 23.65 per cent of the total population of Nepal.20 Another study by FWLD found out that in the same household, 87% of men have citizenship certificates, compared to only 74% of women.21 These statistics provide some insight into the scope of the problem and its discriminatory nature. However, in order to assess the real impact of gender discriminatory nationality laws, it is important to look at the detrimental consequences on the lives of those who are barred from accessing Nepali citizenship as a result. Significantly, both men and women have been deprived of Nepali citizenship because their mothers have not been allowed to pass their nationality to them. Thus, it is evident that the victims of gender discriminatory law are as likely to be men as they are women. 32. Those who are not recognized as citizens face significant problems in their lives. These include, but are not limited to: - The consequent lack of a legal status and statelessness of those who are denied citizenship. - Lack of access to key socio-economic rights including access to education, healthcare and a livelihood. - Restrictions on freedom of movement, particularly the inability to obtain travel documents for foreign travel. - Barriers to accessing services and products such as bank accounts and mobile phone accounts. - The inability to own or inherit property. - The significant emotional and psychological impact on affected persons and their families. 33. An analysis of the situation in Nepal leads to the conclusion that the following stand as key barriers to reform, that Nepal must effectively address: 34. Non recognition of women’s equal right to transfer citizenship: The geo-political situation, the open border with India, the size of Nepal and its population in relation to India are used as justifications for continuing discrimination against women by creating disincentives against their marrying foreigners. However, there is a lack of recognition of women’s equal right to acquire, transfer and retain citizenship. Such discrimination continues to violate women’s rights including to right equality and non-discrimination, right to choice of residence, right to transfer immovable property, right to family life, right to movement, right to choose or continue a profession or business.22 Three main impacts of discriminatory citizenship laws are: the creation of second-class citizens, the statelessness of women and their children, and psychological and other day to day hardships people face when citizenship is denied.23 35. Socio-cultural bias: A deeply rooted patriarchal mind set of the political leaders and the prevalent sociocultural bias towards woman is also responsible for the continuing discrimination of women in the area of citizenship. The understanding that women once married go away to the husband’s house and take up the family name and nationality of their husband still prevails in Nepal which fails to recognize the independent identity of women and the equal rights guaranteed to women. 20. 21. 22. 23. FWLD, Acquisition of Citizenship Certificate in Nepal: Estimating Prevalence, April 2013. FWLD, Acquisition of Citizenship Certificate in Nepal: Understanding Trends, Barriers and Impacts, February 2014. FWLD, Discriminatory Laws and Their Impact on Women: A Review of the Current Situation and Proposal for Change Kathmandu, 2006; pp. 43-48 (updated). Ibid., p. 43. See also, UNIFEM/FWLD, Impact of existing Discriminatory Citizenship laws on women and children in Nepal, 2007. 7