State. However, because nationality laws tend to be more specific and practice-oriented,
administrative authorities may be more likely to apply the older provisions of these laws rather
than look to constitutional guarantees of gender equality.
According to the nationality law of Burundi, Burundian mothers automatically confer nationality
on their children only in specific circumstances: (i) if the child is born out of wedlock, with
the mother having established filiation and the father being unknown, and (ii) if the father
has disowned the child. The law does not explicitly state whether a mother can confer
nationality in these cases if the child is born abroad, but it is generally understood that she
can. In contrast, Burundian fathers automatically confer nationality on their children born
in Burundi and abroad. Additionally, minor children acquire Burundian nationality when their
father acquires or regains Burundian nationality, provided he has recognized them. If the father
has not recognized the child, the child will acquire Burundian nationality when the mother
acquires or regains it. This disparity contradicts Burundi’s Constitution, which guarantees
gender equality in matters of nationality.
The nationality law of Sudan allows Sudanese mothers who are nationals by birth to confer
nationality on their children upon application, whether the children are born in Sudan or
abroad. In contrast, children born in Sudan or abroad to a Sudanese father who is a national
at birth automatically acquire Sudanese nationality. An executive regulation further requires,
as part of the application process, the permission of the father to confer the nationality on the
child through maternal line in case the marriage is continuous. If the marriage has ended, the
mother is to present legal documents that prove her custody over the child or present the death
certificate of the father if he is deceased. This disparity is at variance with Sudan’s Constitution,
which guarantees that “anyone born to a Sudanese mother or father has an inalienable right to
possess Sudanese nationality and citizenship”.
In Togo, while the nationality law contains a safeguard to grant citizenship to children born in
its territory who cannot claim the nationality of another State, it only allows Togolese mothers
to confer their nationality on their children if the father is stateless or of unknown nationality.
Children born to a Togolese father, in or outside of Togo, acquire nationality at birth. The
discriminatory provision is contrary to the Constitution, which grants Togolese nationality to
children born to Togolese fathers or mothers. In practice, a child born to a Togolese mother can
acquire nationality on the basis of the mother’s certificate of Togolese nationality, in accordance
with the Constitution.
The nationality law and Constitution of Eswatini only allow Swazi mothers to confer nationality
on their children if the child is born out of wedlock in Eswatini or abroad to a father who has
not claimed the child in accordance with customary law. In contrast, a child born to an Eswatini
father, whether in Eswatini or abroad, acquires nationality at birth. If the child is born out of
wedlock, the father needs to legally recognize the child.
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