Regional Report on Citizenship: The Middle East and North Africa (MENA)
3. Comparative overview of current nationality laws in the MENA region
Having developed a historical understanding of how nationality is perceived in the region, this
section will focus on the current laws that define access to nationality. Each country in the
MENA region has developed its own domestic nationality laws, and no two look the same. This
section, however, highlights some of the common trends of nationality legislation that can be
seen across the region, or within particular sub-regions, with a focus on how an individual can
acquire and lose nationality in the MENA region.
3.1. Acquisition of nationality
Ius sanguinis
Ius sanguinis pertains to the concept of obtaining nationality through a familial link – in other
words blood ties to a country. It is also a system that fits well with the understanding of familial
and tribal kinship, and the importance attributed to ancestry, in most of the countries in the
region.42 Ius sanguinis acquisition of nationality features in the MENA states in the rules
attributing nationality at birth (i.e. by descent).
The vast majority of people in the MENA acquire their nationality by descent at birth,
automatically and with no state discretion. All countries recognise paternal ius sanguinis in their
nationality laws, meaning that a child of a male citizen is a citizen. It is irrelevant where the
child is born, whether within the country or abroad. That it happens automatically means there is
no need for registration of the child or any action by the state. The exception is Libya, where for
a child who is born abroad a registration procedure must be completed before he or she is
recognized as a national.43
With regards to maternal ius sanguinis, where the mother transfers the nationality, the
rules are much more complicated. Israeli, Algerian, Egyptian, Moroccan and Tunisian
nationality laws are the only ones that clearly allow for the transmission of nationality from
mother to child on the same terms as from father to child, with the North African countries
having reformed in the past 20 years. This means again that acquisition of nationality is
automatic and it is irrelevant where the child is born. In all other countries, the situation is more
complex, for a variety of reasons. In Iraq and Libya the laws provide for maternal ius sanguinis,
but there is an inconsistency in the laws due to the retention of older discriminatory provisions.
In Iraq and Libya, there is also only maternal ius sanguinis but only if the child is born in the
respective country. Moreover, a number of other countries also set birth on the territory of the
state as an additional condition that must be met for a mother to automatically transfer her
nationality to her child – this is the case in Yemen and Mauritania. For example, children born
to a Mauritanian mother abroad will need to complete a registration procedure, unlike a child
born to a Mauritanian father abroad.44 In all other MENA countries, restrictions imposed on the
transmission of nationality by women to their children are much more substantial and affect
42
See G. Parolin, Nationality in the Arab World. Kin, Religion and Nation State, Amsterdam University Press, 2009.
Section 3 Law Number 24 for 2010/1378
44
Portant code de la Nationalité Mauritanienne, 1961
43
RSCAS/GLOBALCIT-Comp. 2017/3- © 2017 Author(s)
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