Posted by: Tisa May 31, 2006
A giant leap
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This is a historical moment for the Nepalese women. 33 percent reservations for women Citizenship through mom possible POST REPORT KATHMANDU, May 30 - The House of Representatives on Tuesday passed a landmark resolution scrapping existing "patriarchal" citizenship laws and asked the government to reserve at least 33 percent of posts in state bodies for women. The resolution has effectively amended one of the most controversial constitutional provisions on citizenship. Until now citizenship by decent was awarded only if the father of the claimant had Nepali citizenship. Now onwards citizenship can be acquired on the basis of the mother's citizenship also. The existing constitutional provision on citizenship was also criticized because it clashed with another article of the constitution. Article 11.1 (Right to Equality) of the 1990 Cosntitution says that all citizens are equal before the law, but under article 9.1 children can take citizenship by descent only on the strength of the father's citizenship. The resolution has asked the government to propose amendments to all discriminatory laws against women. Unanimously passing the resolution tabled by lawmaker Vidhya Bhandari on behalf of the Seven Party Alliance, the House also took another bold step towards gender equality. It has asked the government to reserve at least 33 percent of seats for women in all state bodies until proportional participation by women is attained. "There is urgent need to take certain measures to increase the participation of women, who comprise more than half the population but hold only 5 percent of positions in the state machinery," the resolution tabled in the House said. Seconding the resolution on behalf of the alliance, NP Saud of NC (D) said it would help end centuries-old discrimination against half the population. Ruling seven-party alliance representatives held hours-long discussions at the parliamentary secretariat on the possible implications of the resolution. The resolution was passed unanimously after the parties arrived at a consensus to carry out further homework for its effective and unhindered implementation. According to one study, there are 173 provisions in 83 laws that have some discriminatory clause or other against women. The issues addressed by Tuesday's resolution are among major ones raised by women's rights activists and International/National Non Government Organizations since early in the post-1990 democratic system in Nepal. Women rights activists hail the resolution Meanwhile, women rights activists have hailed the House resolution terming it a "positive step" towards the building of a just and equitable society. "The state has now acknowledged women as its own citizens," said Meera Dhungana, an advocate at Forum for Women Law and Development (FWLD). She said children born through rape, adopted children, children denied identity by their fathers or test tube babies, who are prominent victims of discriminatory citizenship provisions, will now get justice. "Those married to foreigners but willing to settle in Nepal will also benefit from the resolution."
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