Identifier
Created
Classification
Origin
05KATHMANDU2649
2005-11-30 09:13:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:
SUPREME COURT: PASSPORTS TO WOMEN WITHOUT
how-toVZCZCXYZ0004 OO RUEHWEB DE RUEHKT #2649 3340913 ZNY CCCCC ZZH O 300913Z NOV 05 FM AMEMBASSY KATHMANDU TO RUEHC/SECSTATE WASHDC IMMEDIATE 9334 INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 3712 RUEHLO/AMEMBASSY LONDON PRIORITY 3406 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 8865 RUEHGV/USMISSION GENEVA PRIORITY 1044 RUEAIIA/CIA WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY
C O N F I D E N T I A L KATHMANDU 002649
SIPDIS
SIPDIS
DEPT FOR SA/INS
NSC FOR RICHELSOPH
E.O. 12958: DECL: 11/30/2015
TAGS: PHUM KWMN PGOV NP
SUBJECT: SUPREME COURT: PASSPORTS TO WOMEN WITHOUT
DISCRIMINATION
REF: KATHMANDU 2077
Classified By: Charge Elisabeth Millard. Reasons 1.4 (b/d).
Supreme Court: Issue Passports Without Discrimination
--------------------------------------------- ---------
C O N F I D E N T I A L KATHMANDU 002649
SIPDIS
SIPDIS
DEPT FOR SA/INS
NSC FOR RICHELSOPH
E.O. 12958: DECL: 11/30/2015
TAGS: PHUM KWMN PGOV NP
SUBJECT: SUPREME COURT: PASSPORTS TO WOMEN WITHOUT
DISCRIMINATION
REF: KATHMANDU 2077
Classified By: Charge Elisabeth Millard. Reasons 1.4 (b/d).
Supreme Court: Issue Passports Without Discrimination
-------------- --------------
1. (U) On November 28, in a landmark decision, the Supreme
Court directed the government to issue passports to women
under 35 years of age, without requiring consent of their
guardians. Two female petitioners challenged the Cabinet
decision of 1995, which barred government authorities from
issuing passports to women under 35 years of age without
consent of their parents in the case of unmarried women, and
husband in the case of married women. Terming the provision
discriminatory against women, the Court instructed the
government not to impose any such restrictions against women
who wanted to obtain passports. The bench cited Article 12
(2) of the Constitution which guarantees certain fundamental
rights to the people, the 1948 Universal Declaration, and the
1966 Covenant on Civil and Political Rights.
Activists Welcome Ruling
--------------
2. (SBU) A November 30 editorial in the English language
daily Kathmandu Post entitled "Empowering Women" hailed the
Supreme Court's decision as "highly significant" for women's
rights. It explained that although the government had
enacted the restriction to deter large-scale human
trafficking to brothels, the concern "must be properly
addressed but not by denying equal rights to women." It
noted that though the ruling would ease Nepali women's fight
for their rights, "it is at the social level that the fight
has to be carried on and it is here that the ruling could
help the crusaders convince the society to become more
liberal and accept the needs of the times." Sapana Malla,
head of local NGO Forum for Women and Law, told Emboff that
the ruling was "very positive news." She noted that the law
had been very discriminatory. Dunga Ghimire of ABC Nepal, a
local women's rights NGO, was also pleased with the decision.
She told Emboff "I am proud that my daughter can now apply
on her own for a passport as she goes for further studies in
the U.K."
Comment
--------------
3. (C) This Supreme Court verdict follows a ruling in
September (reftel) ensuring citizenship rights to children
born of single mothers. The Supreme Court is working to
address long-standing societal inequalities and grievances
that the Maoists have exploited in their recruiting efforts.
MILLARD
SIPDIS
SIPDIS
DEPT FOR SA/INS
NSC FOR RICHELSOPH
E.O. 12958: DECL: 11/30/2015
TAGS: PHUM KWMN PGOV NP
SUBJECT: SUPREME COURT: PASSPORTS TO WOMEN WITHOUT
DISCRIMINATION
REF: KATHMANDU 2077
Classified By: Charge Elisabeth Millard. Reasons 1.4 (b/d).
Supreme Court: Issue Passports Without Discrimination
-------------- --------------
1. (U) On November 28, in a landmark decision, the Supreme
Court directed the government to issue passports to women
under 35 years of age, without requiring consent of their
guardians. Two female petitioners challenged the Cabinet
decision of 1995, which barred government authorities from
issuing passports to women under 35 years of age without
consent of their parents in the case of unmarried women, and
husband in the case of married women. Terming the provision
discriminatory against women, the Court instructed the
government not to impose any such restrictions against women
who wanted to obtain passports. The bench cited Article 12
(2) of the Constitution which guarantees certain fundamental
rights to the people, the 1948 Universal Declaration, and the
1966 Covenant on Civil and Political Rights.
Activists Welcome Ruling
--------------
2. (SBU) A November 30 editorial in the English language
daily Kathmandu Post entitled "Empowering Women" hailed the
Supreme Court's decision as "highly significant" for women's
rights. It explained that although the government had
enacted the restriction to deter large-scale human
trafficking to brothels, the concern "must be properly
addressed but not by denying equal rights to women." It
noted that though the ruling would ease Nepali women's fight
for their rights, "it is at the social level that the fight
has to be carried on and it is here that the ruling could
help the crusaders convince the society to become more
liberal and accept the needs of the times." Sapana Malla,
head of local NGO Forum for Women and Law, told Emboff that
the ruling was "very positive news." She noted that the law
had been very discriminatory. Dunga Ghimire of ABC Nepal, a
local women's rights NGO, was also pleased with the decision.
She told Emboff "I am proud that my daughter can now apply
on her own for a passport as she goes for further studies in
the U.K."
Comment
--------------
3. (C) This Supreme Court verdict follows a ruling in
September (reftel) ensuring citizenship rights to children
born of single mothers. The Supreme Court is working to
address long-standing societal inequalities and grievances
that the Maoists have exploited in their recruiting efforts.
MILLARD