Provisions on citizenship, fundamental rights in draft statute flawed, comments NHRC

KATHMANDU: The National Human Rights Commission (NHRC) commented that provisions proposed in the draft constitution regarding the citizenship by dissent and the naturalised citizenship are flawed from the perspective of gender equality.

The Commission urged the Constituent Assembly (CA) to revise the draft before finalising it so that both men and women are treated equally by the main law.

“A discriminatory situation has been created by mentioning different conditions for men and women to acquire naturalised citizenship,” a suggestion the Commission submitted to CA Chairman Subas Chandra Nembang read, “Gender equality has to be considered also in the issue of citizenship by dissent.”

Likewise, the Commission demanded that no any fundamental right should be restricted by other laws.

“Fundamental rights are the rights to be effective immediately, but not legal rights,” the suggestion read, “It is against the principles of human rights and fundamental rights to mention that certain laws will be made after certain periods to implement them, in the constitution.”

The Commission, hence, urged the CA to remove mentions about formulation of laws to implement fundamental rights.

It also suggested that some restrictive clauses regarding fundamental rights be removed.

‘Should be at top among constitutional commissions’

The national human rights watchdog asked the constitution-writing body to ensure that the NHRC remains at top of the hierarchy of constitutional commissions.

Likewise, its Chairperson and Members should be given equal status and facilities as of former Chief Justice and Justices of the Supreme Court respectively, the Commission added.

An NHRC team consisting of members and officials had met CA Chair Nembang and handed over the 17-page document today.