BACKGROUND NOTE ON GENDER EQUALITY, NATIONALITY LAWS AND STATELESSNESS 2019 The law of Bahrain allows mothers to confer their nationality on their children born either in their home countries or abroad if the fathers are unknown or stateless. Under the law of Oman, mothers confer nationality on their children born either in their home countries or abroad if the fathers are unknown or are former Omani nationals. In Mauritania, mothers can confer nationality on children when the father is unknown or stateless. Children born in Mauritania to Mauritanian mothers and foreign fathers, or to mothers who were born in Mauritania themselves, also acquire Mauritanian nationality. However, in the latter two instances, these children can renounce their nationality at majority, even if this leaves them stateless. Children born abroad to Mauritanian mothers and foreign fathers can opt for Mauritanian nationality in the year before majority. Africa Africa has witnessed numerous reforms to nationality laws in recent years which have granted equality to women and men with regard to conferral of nationality on their children. Several States in Africa maintain legislative provisions that do not yet do so but are in the process of reviewing them from a gender equality perspective. Six countries in Africa do not provide mothers equal rights as fathers to confer their nationality on their children, leading to a risk of statelessness for such children. 11 The laws of Somalia and eSwatini do not allow mothers to confer their citizenship on their children under the same conditions as fathers. Under the 1962 Somali Citizenship Law only children of Somali fathers acquire Somali citizenship. eSwatini’s Constitution of 2005 stipulates that any child born inside or outside eSwatini prior to 2005 to at least one Swazi parent acquires Swazi citizenship by descent. However, children born after 2005 only acquire Swazi citizenship from their fathers, unless the child was born out of wedlock and has not been claimed by the father in accordance with customary law. States with constitutional guarantees of equality that have not yet reformed nationality laws to introduce gender equality Four African States – Burundi, Liberia, Sudan, and Togo – have enshrined the principle of gender equality in recent constitutions but have yet to reform the relevant provisions of their nationality laws. In principle, constitutional provisions prevail over the nationality law 11 The law of Guinea also treats women differently with regard to conferral of nationality on their children. However, the scope of the exceptional circumstances in which women are permitted to transmit their nationality means that despite the discriminatory nature of this nationality law, children are nonetheless protected against statelessness. In Benin, although children can acquire nationality from their mothers, if the father is a foreign national, such children are allowed to renounce Benin nationality within 6 months of reaching majority. 8 UNHCR | 8 March 2019