BACKGROUND
In February of 2018, the Ministerial Conference on Belonging and Legal
Identity convened by the League of Arab States (LAS) under the patronage
of the President of Tunisia adopted the Arab Declaration on Belonging and
Legal Identity1. One of the central recommendations of LAS member States
reflected in the Declaration was that the LAS Secretariat should produce a
Regional Toolkit on Nationality Legislation to help ensure that all persons in
the region enjoy their right to a nationality. The strong and clear commitment
of the Arab League to gender equality, and to belonging and legal identity,
provides the basis for this Regional Toolkit on Nationality Legislation. The
Declaration builds on longstanding traditions in the Arab region which
recognize the right of all children to belong, to enjoy rights to family life
and unity, and to have a name and legal identity. In fact, Islam was one of
the frontrunners in providing international protection from persecution
and recognizing this as a fundamental human right, and many tenets of the
faith help ensure that the most vulnerable are never denied of protection,
thereby ensuring that everyone belongs.2 Capitalizing on this enduring
tradition as well as recent developments, many countries in the region have
enacted domestic measures to better protect women, children and families,
including in relation to their rights to nationality, documentation and family
unity. Notably, significant nationality law reforms have been enacted across
the region to grant women the right to confer nationality to their children
on an equal basis as men. This Toolkit on Nationality Legislation aims to
build on the important work of the Arab League and reflect it in a technical
legal document containing the most favorable provisions on nationality in
line with international standards, which may be used by LAS member States
to facilitate the possible updating or amending of their nationality laws. It
is recommended that any change in law be accompanied by corresponding
measures to implement the law in the form of the development of necessary
regulations and directives, along with awareness-raising, publicity, training
and capacity building for relevant stakeholders such as judges, local leaders
and civil society. As such, the updating of legislation is most effective when
accompanied by meaningful action to ensure its full implementation.
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