submitters’ knowledge, have yet to be made public.19 Thus far, the procedures required
for naturalisation are not known. 20 Similarly, according to the executive regulations,
women can apply for Emirati nationality on behalf of their child only six years after giving
birth. 21
20. Amendments made regarding deprivation of nationality are the clearest cause for
alarm.22 Relevant authorities mandate the withdrawal or deprivation of nationality as an
“accessory penalty” for citizens convicted of offenses violating the Law on Combating
Terrorist Offences, and of “offences which are considered to be a threat to the external
security of the State in accordance with the laws in force in the State.”23
Issue I – Gender Discrimination in Nationality Law
21. Despite certain partial reforms in the last five years, children of Emirati women and
foreign fathers whose citizenship is known, still cannot obtain Emirati citizenship at
birth. Prior to the 2017 amendment, the children of Emirati mothers and non-citizen
fathers had to wait until they turned eighteen before they could apply for UAE
citizenship. Since the 2017 amendment, the Nationality Law allows Emirati mothers of
children with foreign fathers to apply for Emirati citizenship for their children when the
children turn six years old.24 Following this amendment, over 3350 children of Emirati
women were granted Emirati citizenship in 2019 by the Federal Authority for Identity,
Citizenship, Customs and Ports Security (ICP).25 Although many of them were reported
to be in the age range 6 to 18, there were also individuals over 18 years who had been
waiting for their applications to be approved, a process which their Emirati mothers
reported could take several years.
22. In June 2022, it was announced that the children of Emirati mothers and non-citizen
fathers who reside in the UAE would be allowed to access expanded health and
education benefits.26 Though it is too early to assess the impact of this new policy, initial
reactions on part of affected women suggest that it would significantly decrease, though
not eliminate, the discrimination against children born to an Emirati mother and foreign
father.27
19
The Executive Regulation was last amended in January 2021 (available at: https://u.ae/en/information-andservices/passports-and-traveling/emirati-nationality), but this most recent version is not available online. The version found on
the website of the Ministry of Justice was last amended in 1988, available at: https://elaws.moj.gov.ae/UAE-MOJ_LCAr/00_%D8%AC%D9%86%D8%B3%D9%8A%D8%A9%20%D9%88%D8%A7%D9%82%D8%A7%D9%85%D8%A9/00_%D8%A7%D8
%AF%D8%A7%D8%B1%D8%A9%20%D8%A7%D9%84%D8%AC%D9%86%D8%B3%D9%8A%D8%A9/00_%D8%A7%D9%84%D8%A
C%D9%86%D8%B3%D9%8A%D8%A9%20%D9%88%D8%AC%D9%88%D8%A7%D8%B2%D8%A7%D8%AA%20%D8%A7%D9%84%
D8%B3%D9%81%D8%B1/UAE-LC-Ar_1972-12-31_00002_Karmaj.html?val=AL1#Anchor12.
20 Federal Law No. (17) of 1972, Concerning Nationality and Passports with its amendments, Federal Decree-Law No. (16) Of
2017 concerning the amendment of some provisions of Federal Law No. (17) of 1972 regarding Nationality and Passports, Arts.
9, 12 bis, 19 and 35.
21 Ibid. Art. 10 bis.
22 Federal Law No. (17) of 1972, Concerning Nationality and Passports with its amendments, Federal Decree-Law No. (16) Of
2017 concerning the amendment of some provisions of Federal Law No. (17) of 1972 regarding Nationality and Passports, Arts.
14, 14 bis, 15, and 16.
23 Ibid. Art. 14 bis (2).
24 Ibid. Art. 10 bis.
25 The National, “Thousands of children to be given Emirati citizenship”, The National, (29 May 2019), available at:
https://www.thenationalnews.com/uae/government/thousands-of-children-to-be-given-emirati-citizenship-1.866880.
26
R. Alghoul and E. Ismail, “President Issues Resolution Granting Children of Emirati Mothers in UAE Same Education, Health
Benefits as Other Citizens”, WAM, (June 30 2022), available at: https://wam.ae/en/details/1395303062090.
27 R. Abu Baker, “Emirati Mothers of Foreign Children Hope That They Will Soon Be Embraced as UAE Citizens,” Khaleej Times,
(July 10 2022), available at: https://www.khaleejtimes.com/uae/emirati-mothers-of-foreign-children-hope-that-children-willsoon-be-accepted-as-uae-citizens.
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