men are denied access to their spouses’ nationality, they may be forced to live away from their
children due to challenges in acquiring residency permits and obstacles to employment.
Alternatively, a father may have to take any children away from the mother and back to his home
country for a number of reasons, including if his employment and social status in his wife’s country
is insecure because of his nationality status.
The human rights impact of gender discrimination in the nationality law
19. Gender discrimination in nationality laws can result in significant violations of the rights of
women,5 men, and children, including: statelessness; lack of access to public education,
healthcare and other services; threatened family unity; increased risk of gender-based violence
(GBV); unemployment and poverty; social alienation; and psychological damage. Gender
discrimination in nationality laws also contributes to women’s unequal status on society and
within the family.6
20. By undermining women’s status as equal citizens and their equality within the family, gender
discrimination in the nationality law of Kiribati also contributes to a primary root cause of GBV.
Given the alarming rates of GBV in the country and the government’s commitment to combating
GBV, nationality law reform to uphold gender equality should be prioritized as part of efforts to
comprehensively address GBV.
Recommendations
21. Drawing on the information provided in this submission, we urge member states recommend that
Kiribati:
I.
Reform gender-discriminatory provisions in the Constitution and Citizenship Act 1979 to
enshrine citizen’s equal ability to confer nationality on children and spouses without
discrimination on the basis of sex.
5
See Global Campaign for Equal Nationality Rights-UNHCR “CEDAW Quick Reference Guide,” available at:
http://equalnationalityrights.org/reports/document/1229-cedaw-nationality-laws-guide
6 Ibid.
6