WUNRN
http://www.trust.org/item/20150508171656-tsp8k
Nepal – Many Stateless Newborns Due to Earthquake & to Discriminatory Law
Rob Tinworth, Nyaya Health
Author:
Catherine Harrington,*
Campaign Manager, Global Campaign for Equal Nationality Rights
The earthquake in Nepal, along with a
discriminatory law, leaves thousands of newborns at risk of statelessness.
Natural disasters exacerbate existing legal and
social problems. In Nepal, one needless law means that, of the estimated 126,000
earthquake-affected women who are currently pregnant, thousands may give birth to
children who will not legally be Nepali citizens. That’s because Nepali law
requires proof of the father’s citizenship. For the many unborn or newborn
Nepalis whose fathers have been killed – or who have even just lost their
personal documents – proof of paternity and of the father’s citizenship will be
incredibly difficult.
That may sound like a small thing given what
Nepalis are facing right now, but the lack of citizenship – in fact the statelessness
of these children – means obstacles to health care and other critical social
services. It also means a lifetime of discrimination and denied opportunities.
In truth, the earthquake is not the true reason
why these babies are at risk of statelessness. The cause is sex
discrimination in Nepali law that denies women the right to confer their Nepali
nationality to their children. Countries rarely think of natural disasters
when they draft their Constitutions and establish the parameters of
citizenship. However, it is in the wake of such crises that women and children
– often displaced – feel the brunt of this discrimination.
The result in Nepal – as in 26 other countries
with these laws – will be children denied both the rights and responsibilities
of citizenship. Discriminatory nationality laws set children up for a lifetime
of hardships because they will not have access to free primary education. If
they do manage to go to school, they will not be admitted to university later.
Non-citizens face obstacles to healthcare and employment. They are often unable
to open a bank account and cannot secure a passport.
In the long term, this law prevents these
children from full participation in Nepali life and inhibits them from
contributing to their country’s development.
Nepal already had one of the largest stateless
populations in the world. The high cost of
statelessness is all too familiar to hundreds of thousands of
Nepali families. The death and destruction caused by the earthquake just
exacerbated the problem.
The Interim Constitution gives children of
Nepali women the right to apply for citizenship at age sixteen. The Supreme
Court has ruled that women have the right to transfer citizenship to children.
Despite this, local authorities refuse to accept citizenship applications
without proof of paternity.
In the months before the earthquake, Nepal was
in the process of developing a new Constitution, with the question of whether
to grant women the right to automatically pass nationality to their children
hotly debated. One simple act that would prevent additional suffering in the
months ahead is for Nepal’s civil servants to grant citizenship to the children
of Nepali women.
Let us hope that when Nepal rebuilds, as it
most surely will, equal nationality rights and gender equality are enshrined in
its new Constitution as a fundamental pillar of the country’s brighter future.
*Catherine Harrington is the Campaign Manager of the Global Campaign for Equal
Nationality Rights, which mobilizes international action
to end gender discrimination in nationality laws. The Campaign is led by a
Steering Committee of Women’s Refugee Commission, the Office of the UN High
Commissioner for Refugees, Equality Now, Equal Rights Trust, and the Institute
on Statelessness and Inclusion. The Campaign is housed at the Women's Refugee Commission.