if he was born out of Cameroon or if, according to the national law of the foreign parent, he
is able to avail himself of that nationality.”
16. The additional conditions that must be met by extra-marital children are discriminatory, contrary to
the best interests of the child and undermine the child’s right to a nationality.
Safeguard against statelessness
17. Article 11 of the nationality law has a double Jus Soli basis, whereby if both the child and their foreign
parent were born in the country, they would have access to Cameroonian nationality, which they can
renounce. This places the children of stateless parents, or parents who cannot pass on their
nationality who were not themselves born in Cameroon, at risk. Article 11 establishes that:
“Cameroon nationality attaches, subject to the right to renounce it within six months before majority,
to:
a)
A legitimate child born of foreign parents, if both he and his father or mother were born in
Cameroon;
b)
An illegitimate child born of foreign parents, if both he and the parent to whom his affiliation
is first established were born in Cameroon.”
18. It may be argued that Article 15, which sets out that “the affiliation of an illegitimate child has no
effect on his nationality unless established in the course his minority” serves as a safeguard against
statelessness, but only in a limited sense.
19. The more comprehensive safeguards include Article 9, according to which a child born in Cameroon
of unknown parents, shall be deemed to never have been a Cameroonian, but only if his affiliation is
established with regard to a foreign parent and if in accordance with the national of his foreign parent,
he has the nationality of the latter. In other words, if the parents remain unknown, or are found to be
Cameroonian, the child should be recognised as Cameroonian. This is underscored by Article 12 which
sets out that acquisition of nationality by birth extends automatically to any person born in Cameroon,
who is unable to claim any other nationality of origin.
20. However, there remain concerns over the implementation of Articles 9 and 12, particularly in light of
poor birth registration.
Children of foreign parents and adopted children
21. Cameroonian law also differentiates children born to foreign parents, who must satisfy an additional
residence requirement in order to obtain Cameroonian nationality by Declaration. Article 20 states
that:
“Any person born in Cameroon of foreign parents may claim Cameroon nationality within six months
before attaining his majority by declaration in the manner prescribed by Sections 36 and following of
this law, provided that on such date he has had his domicile or residence in Cameroon for at least five
years.”
22. Similarly, adopted children need to satisfy a residence requirement, although no length of residence
is indicated. Article 21 states that:
4