Report on Citizenship Law
Nepal
Sabin Shrestha
1. Introduction
Almost nine years after a second people's movement, the Constituent Assembly (CA)
promulgated a new constitution on 20 September 2015. The intervening period witnessed the
dissolution of the first CA on 28 May 2012 and the election of a second CA on 19 November
19 2013 as a result of the top political parties failing to reach consensus on some contentious
issues, including citizenship. Consequent to the destructive earthquake that devastated the
nation on 25 April 2015, the top four political parties adopted a fast-track process and
resolved all the contentious issues, thereby promulgating the first constitution ever drafted by
an elected body in Nepal. The new constitution has certain provisions that differ from the
earlier Interim Constitution and which are therefore in contradiction to the existing
Citizenship Act.
In addition, the Supreme Court of Nepal has made a number of landmark decisions on
citizenship, issuing directive orders to the Ministry of Home Affairs and district
administration offices to comply with the provisions on citizenship. Parliament has yet to
revise Nepal’s Citizenship Act to comply with the decisions of the Supreme Court.
Nepal is a party to a number of human rights treaties, namely the International
Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic,
Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Convention on the Rights of Children (CRC)
and the Convention on the Elimination of All Forms of Racial Discrimination (CERD). It
therefore has an obligation to abide by the norms of these treaties and to draft laws on
nationality in line with the principles they contain.
2. Historical Background
Nepal is a multi-ethnic, multi-cultural and multi-religious country comprising more than 100
castes and ethnic groups and eight major religious traditions. These castes and ethnic groups
are distinguished by their languages, customs and myths of origin, and have different sizes,
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