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
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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
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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
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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