OHCHR concerned about discrimination in Citizenship Bill

The Office of the United Nations High Commissioner for Human Rights (OHCHR) in Nepal has expressed concern over the proposed Citizenship Bill, saying it is discriminatory.

Head of the Office of the High Commissioner for Human Rights in Nepal, Lena Sudh (Photo source: OHCHR-Nepal)

A press release issued by OHCHR-Nepal said that the office has written to the Speaker of the Parliament, detailing its concerns regarding the Citizenship Bill currently before the House of Representatives.
The statement quoted Lena Sundh, Chief of the OHCHR in Nepal as saying, “The current Bill is discriminatory on the grounds of gender and could result in discrimination against displaced persons and members of marginalised groups.”
Stating that in Nepal, any domestic laws, which conflict with international treaties to which it is a State Party are invalid under the Nepal Treaty Act, the OHCHR statement said, The current draft of the Citizenship Bill is discriminatory against women and is therefore in contravention of the Convention on the Elimination of Discrimination Against Women (CEDAW), which requires Nepal as a State Party to embody the principle of gender equality in its national legislation.
The statement further said, section 4 of the Bill sets out provisions which make it more difficult for a child born of a Nepali mother and a foreign father to gain citizenship than for a child born of a Nepali father and a foreign mother. The Bill also sets out provisions, which discriminate against a foreign partner of a Nepali woman, in terms of their qualification for citizenship.
In relation to displaced persons, members of marginalised groups and of the diaspora, OHCHR-Nepal is especially concerned about the provisions of Section 8 of the Citizenship Bill, which require the presentation of certain types of documentation in order to qualify for citizenship, the statement added.
“These provisions are likely to create major obstacles for many people of Madhesi background, including from Terai Dalit communities and indigenous communities, who do not currently have citizenship or the sort of documentation required,” the statement added.
The OHCHR further said that these provisions are contrary to the obligations of Nepal as a signatory of the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.
“In recent meetings with representatives from marginalised communities, such as Madhesis, Dalits, women from Terai communities and indigenous communities, I have heard their concerns about the Citizenship Bill. This is an important opportunity for the House of Representatives to enshrine in law the principle of equality and to realise the commitment made by the Government and the CPN-Maoist in the Comprehensive Peace Agreement to end discrimination in Nepal.” OHCHR chief Sundh added.
The parliamentary State Affairs Committee on Thursday unanimously passed the Citizenship Bill after crucial discussions. The Bill would be presented to the parliament for final enactment on Sunday.
The government plans to provide citizenship before the elections of the Constituent Assembly and to update the voters' list based on that.