Table 2: Right to a nationality based on birth in the country
Country
Birth in Birth
& Birth
& Otherwise
country
one
residence
stateless
parent
also born
Benin
JS/2*
(JS+)(JS)
Burkina Faso
JS/2
(JS+)
x
Cape Verde
x
JS*
Côte d’Ivoire
Gambia
Ghana
Guinea
JS/2*
(JS+)
G. Bissau
x
C
Liberia ‼
Mali
Niger
Nigeria
Senegal
S. Leone
Togo ‼
Parents
stateless (s) or
unknown (u)
s+u
u
s+u
u
u
s+u
Foundlings
x
x
x
x
JS~
JS/2~
JS/2
JS/2
JS/2^~
JS/2x2
(JS)
u
u
x
x
x
(JS)
x
Relevant legal provision
L1965Arts7-11,24&28
L1989Arts141-144 &155-161
L1993Arts3,4,6
L1961(2013)Art6
L2000Art8
L1988Arts34-37,56
C1984(1996)Art44
L1992(2010)Art5
C1986Art27
L1973Art20.1
L2011Arts225-227&237
L1984(2014)Art8,10
L1961(2013)Arts1&3
L1973(2006)Art3
L1978Arts1,2&8
L2007Art19
‼ legislation conflicts with the constitution or other legislation—the provisions in the nationality law are noted here (unless the detailed rules are in the constitution)
C: right to nationality provided for in constitution
(x): grant is discretionary
JS: right to nationality based on birth in country alone (with exclusions for children of diplomats & some other categories)
JS*: child born in country of parents who are legal residents has right to citizenship
(JS): child born in country of non-citizens is eligible to apply for citizenship at majority and/or after residence period
(JS+): child born in country of non-citizens acquires citizenship automatically at majority and/or after residence period
JS/2: child born in country of one parent also born in the country has right to citizenship;
JS/2*: In Benin and Guinea a child of a mother born in the country has the right to repudiate 6 months before majority
JS/2^ parent or grandparent also born in the country
JS/2x2: both parents must be born in the country
~ racial, ethnic or religious discrimination in law impacts on jus soli rights: in Sierra Leone and Liberia must be “negro African”, in Mali parents must have another African nationality
Countries indicated in bold have particularly weak legal protections against statelessness
20