HOUSE ENDORSES WOMEN'S RIGHTS

C O N F I D E N T I A L KATHMANDU 001374 SIPDIS SIPDIS E.O. 12958: DECL: 05/31/2016 TAGS: PHUM PGOV NP SUBJECT: HOUSE ENDORSES WOMEN'S RIGHTS REF: A. 05 KATHMANDU 2077 ¶B. KATHAMNDU 1254 Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b,d). Women Can Pass Citizenship to Children -------------- ¶1. (U) The Parliament on May 30 unanimously approved a broad proposal endorsing women's rights. The proposal included a provision to allow children to acquire citizenship through their mothers. "This is meant to ensure that all Nepalis get citizenship," Member of Parliament (MP) Jaganath Khatiwada, CPN-UML, said. He expressed satisfaction that the House passed the proposal unanimously. The Supreme Court ruled in September 2005 (ref A) that unmarried women could pass citizenship to their children. However, until the May 30 proposal, women married to foreigners could not pass Nepali citizenship to their offspring. Increased Women's Representation -------------- ¶2. (U) The Parliament proposal, which was "for the present moment" and could be reviewed in the future, also endorsed proportionate representation in all state mechanisms, including jobs and other opportunities, and ended all provisions in laws that discriminate against women. According to one study, there were 173 provisions in 83 laws that had a discriminatory clause against women. However, the MPs acknowledged that the action lacked the status of legislation. Thirty-three percent of seats and positions at all levels of state mechanisms should be for women according to the proposal (ref B). MP Bidhya Bhandari, CPN-UML, who presented the proposal said the policy included job reservation for women in public service. "There will be competition among women in the thirty-three percent reservation even in the public service," she explained. The proposal also stated that all existing laws that discriminate against women should be abolished. The previous policy of giving twenty percent representation to women in certain areas did not have an accompanying enforcement provision. The previous law had also stated that five percent of political candidates from each party should be women. The new provision increased both of these to thirty-three percent. Women Leaders Pleased --Q -------------- ¶3. (C) Urmila Aryal, CPN-UML and State Minister for Women, Children and Social Welfare, labeled this a "victory" for Nepali women who were facing numerous problems. "Now, implementation of the policy is important,8 she added. She explained that the thirty-three percent representation should mean reserving jobs and other opportunities for women. Advocate and women's rights activist Sapana Pradhan Malla, who had identified existing discriminatory laws, termed it "a historic achievement." She said this was a "sovereign and legal commitment" that needed "to get a legal shape" and be "implemented soon by amending all existing discriminatory provisions" of the law. "This has indicated that women's voices have been heard," she added. Mandira Sharma, President of local NGO Advocacy Forum, welcomed the proposal and told Emboff that it was "a very good start." She noted that it was based on human rights principles of equality. She said that, if all discriminatory laws were abolished and the thirty-three percent reservation was fully implemented in all sectors of society, then the proposal would help address long-standing problems of discrimination. However, she cautioned that implementation would be key. Comment -------------- ¶4. (C) It is encouraging that the Parliament unanimously approved the proposal to abolish discriminatory laws and to increase women's representation. In the absence of the National Assembly, the Upper House of Parliament, it is unclear, however, how this action can be fully implemented. MORIARTY