69. These groups are just two examples of lower-caste groups who face intersectional
discrimination in Nepal. They suffer from a denial of rights such as the right to property, land,
education, employment, right to vote, and other constitutional and legal entitlements, and are
also prevented from registering births, which requires a citizenship certificate.
ISSUE 4 – The Impact of the COVID-19 Pandemic on Stateless Persons in
Nepal
70. The COVID-19 pandemic has had a devastating and specific impact on vulnerable persons
around the world, including the stateless, who face disproportionate risks. A joint statement
by 84 civil society organisations,53 as well as an ISI Impact Report,54 set out the specific problems
faced by stateless persons during the pandemic, and provide a series of thematic and targeted
recommendations.
71. Lack of nationality documents means stateless people are often prevented from accessing
basic services including healthcare and other social welfare services.55 This means that many
are without crucial safety nets to support them during this global health crisis.
72. The lockdown implemented in March 2020 resulted in indefinite uncertainty and an
immediate loss of income, especially for those reliant on market trade, construction work and
farming. In response, the government implemented a relief system distributing basic food
items. However, this was dependent upon showing a citizenship certificate, and in some
circumstances, also the citizenship certificate of the owner of their home, excluding millions
of stateless persons.
73. In May, the Supreme Court issued an interim order for the government to
issue relief regardless of citizenship or documentation stating that the “State should respect
the right to live with dignity of every person, even during the pandemic”, and that “there is no
doubt relief should be provided without discrimination”.56 However, it remains unclear
whether this will equate to inclusion in practice.
Breach of International Obligations
74. Through adherence to a discriminatory system which ultimately creates a class of stateless
Nepali people, Nepal breaches its own constitution, which protects the right to acquire
citizenship and prohibits discrimination. Such practices also breach a number of its
international obligations.
75. Nepal’s gender discriminatory nationality laws undermine the child’s right to a nationality and
cause childhood statelessness. This is in breach of the CRC, Article 7 of which requires the state
to register the child immediately after birth and gives the child the right, from birth, to a name
and nationality. States are obligated to implement these rights, especially in circumstances
“where the child would otherwise be stateless”.57 Article 8 of the CRC requires Nepal to respect
53
Joint statement by 84 CSOs, ‘In Solidarity with the Stateless’ (27 May 2020), available at
https://files.institutesi.org/Joint_Statement_in_Solidarity_with_the_Stateless.pdf.
54 Institute on Statelessness and Inclusion, Impact Report: Stateless in a Global Pandemic (June 2020), available at
https://files.institutesi.org/Covid19_Stateless_Impact_Report.pdf.
55 UNHCR, The Impact of COVID-19 on Stateless Populations: Policy Recommendations and Good Practices (May 2020), available at
https://www.refworld.org/docid/5eb2a72f4.html.
56 Unofficial translation of the Interim Order by Forum for Women, Law and Development (FWLD), on file with ISI.
57 CRC, Article 7.
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