46. A regime where the right to nationality, even by operation of law, can be limited without
a safeguard against statelessness raises serious concerns about citizens’ ability to
express dissent or question their Government.
47. Furthermore, gender discrimination in the nationality law, which denies women the
right to confer nationality on their child or spouse on an equal basis with men,
undermines women’s status as equal citizens and their equality in the family, and is also
linked with gender-based violence.76
Recommendations
48. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to the United Arab Emirates:
I.
Amend the Citizenship Law to enable Emirati women to confer nationality on
their children without restriction and on their noncitizens spouse, on an equal
basis to men. Ensure that this is completed without delay, in accordance with
international standards.
II.
Remove the UAE’s reservation to and ensure full compliance with Article 9
CEDAW and Article 7 CRC.
III.
Reform the Federal Law No. 17 of 1972 Concerning Nationality & Passports
and bring it line with international and regional standards,77 by ensuring that:
a.
b.
c.
d.
e.
IV.
It aligns with Article 8 of the UAE’s Constitution, and in
particular, prohibits any deprivation of nationality that is
disproportionate, discriminatory, indiscriminate and
arbitrary, including by resulting in statelessness.
Safeguards against statelessness apply in all cases of
deprivation of nationality;
The decision to deprive a citizen of nationality is in all cases
the result of an independent judicial proceeding, where all
due process rights are guaranteed, including the right to
appeal and constitutional review;
Deprivation of nationality may nofpt be incurred
automatically (ex lege) based on a specific criminal conviction,
without due consideration of the proportionality of
deprivation of nationality as a penalty;
The penalty of deprivation of nationality is never
automatically extended to the family members of those who
are stripped of their nationality.
Restore individuals’ nationality that has been stripped by UAE ’s authorities,
together with the full rights associated with citizenship.
76
Global Campaign for Equal Nationality Rights, The Impact of Gender Discrimination in Nationality Laws on Gender-Based
Violence, available at: https://equalnationalityrights.org/images/zdocs/Impact-of-Gender-Discrimination-in-Nationality-Lawson-Gender-Based-Violence.pdf.
77
League of Arab States, Regional Toolkit on Nationality Legislation, (May 2021).
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