This joint submission was made with Citizenship Affected Peoples’ Network (CAPN) Nepal, Nationality For All (NFA), the Statelessness and Dignified Citizenship Coalition - Asia Pacific (SDCC - AP), the Global Campaign for Equal Nationality Rights (GCENR) and the Institute on Statelessness and Inclusion (ISI) to the Committee on the Elimination of Discrimination against Women (CEDAW) to be used to inform the Committee’s review of Nepal.
This joint submission expresses our concerns regarding gender discrimination in Nepal’s nationality law and stateless women and girls. This submission focuses on:
a. Gender discrimination in the nationality laws of Nepal denies Nepali women equal rights as men to confer nationality on their children (especially among single Nepali mothers), and women’s right to confer nationality on their spouses.
b. Statelessness among ethnic minority Madheshi and Dalit communities in Nepal;
c. Stateless refugees;
d. Birth registration and administrative barriers;
e. Impacts on women and girls as a result of discriminatory nationality laws and statelessness.
Summary of Recommendations:
- Amend discriminatory nationality laws to grant Nepali women equal rights as men in conferring nationality to children and spouses, regardless of marital status, birthplace, or father's nationality.
- Address ethnic and caste-based discrimination, ensuring citizenship access for Madheshi and Dalit communities through clear guidelines, targeted outreach, and training for officials.
- Ensure universal access to birth registration by removing barriers for marginalised groups, strengthening the CRVS system, using mobile units, and raising awareness.
- Ensure women the independent right to obtain birth and civil documents on an equal basis with men.
- Provide stateless individuals and those without citizenship certificates access to fundamental rights, services, and socioeconomic opportunities, including measures to combat gender-based violence and human trafficking.
- Enable gender-diverse individuals to acquire and amend citizenship documents based on self-identified gender identity and ensure equal rights for children of gay couples.