has been forcibly separated from his family, or cannot fulfill onerous documentation or other
requirements; or (v) where a father has been unwilling to fulfill administrative steps to confer
his nationality or acquire proof of nationality for his children, for example if he has abandoned
the family. Ensuring gender equality in nationality laws thus helps to mitigate the risks of
statelessness. It is against this background that UNHCR promotes gender equality in nationality
laws as part of its mandate to prevent and reduce statelessness.
Law reform to date
There is a growing willingness and commitment by States to take action to achieve gender
equality in nationality laws. In many instances, discriminatory elements of nationality laws were
‘inherited’ by new States shortly after gaining independence from former colonial powers. In
some cases, these nationality laws have not been reviewed since. In recent years, reform has
been undertaken in countries as diverse as Sri Lanka (2003), Egypt (2004), Algeria (2005),
Indonesia (2006), Iraq (partial reform in 2006), Morocco (2007), Bangladesh (2009), Kenya
(2010), Tunisia (remaining gaps addressed in 2010), Yemen (2010), Monaco (2005, 2011),
Senegal (2013), Suriname (2014), Madagascar (2017), Sierra Leone (2006, 2017), the United Arab
Emirates (partial reforms in 2011 and 2017), Iran (partial reform in 2019), Liberia and Benin (2022).
In many cases, the relevant law reform simply extended to women the right to confer nationality
on their children.
Indeed, although nationality laws can be complex, reforms to incorporate gender equality can
often be achieved through relatively simple changes to the formulation of relevant provisions.
This can be seen in the example of Kenya’s constitutional reform in 2010. Under the prior
Kenyan Constitution of 1969, Kenyan mothers and fathers could confer Kenyan nationality on
their children born in Kenya on an equal basis, but only Kenyan fathers could confer nationality
on children born abroad. The 2010 Constitution of Kenya addressed this, using the following
formulation: A person is a citizen by birth if on the day of the person’s birth, whether or not the
person is born in Kenya, either the mother or father of the person is a citizen.
Initiatives at the regional level to promote gender equality in
nationality matters
Commitments made at the regional level have been instrumental in promoting change. In
February 2015, Member States of the Economic Community of West African States (ECOWAS)
committed to ensuring that women and men have equal rights to confer nationality on their
children under the Abidjan Declaration of Ministers of ECOWAS Member States on Eradication
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