2.6. Comparative analysis of nationality legislation
It is perhaps even more important that the provisions of the nationality law ensure that statelessness
is avoided than that an explicit right to a nationality is included in the constitution or other laws: it is
the provisions of nationality law that are applied in daily practice. In West Africa there are a number
of countries that not only do not state that every child has the right to a nationality but also have very
weak protections against statelessness in their law generally. These problems are exacerbated where
there is any form of impermissible discrimination. As noted in tables 1 and 2 and in the description
below, the countries in West Africa with the weakest protection against statelessness in their legal
provisions are Côte d’Ivoire (since the amendments to the law in 1972)36, Gambia, Ghana, Liberia,
Nigeria and Sierra Leone. Many nationality laws are very difficult to interpret, even for a lawyer; a
situation that is made more complicated by conflicting provisions in the constitution and legislation,
such as in Gambia, Liberia and Togo.
2.6.1. Children of citizens
All West African countries provide for nationality to be transmitted on the basis of descent. In the
case of Burkina Faso, Cape Verde, Ghana, Guinea Bissau, Nigeria and Senegal, the child of a father or
mother who is a citizen, born in or out of the country, in or out of wedlock, has an equal right to
nationality.37 However, several countries still discriminate to different degrees in the right of a mother
to transmit her nationality to her children, including Benin, Guinea, Liberia, Sierra Leone and Togo.
The laws are often written in terms that are quite hard to understand, especially where there have
been cumulative amendments and a consolidated text is hard to obtain. Table 1 shows some of the
complexities but cannot capture them all.
36
Côte d’Ivoire adopted special temporary naturalisation procedures in 2013 which provide access to nationality
for some of those excluded by the 1972 amendments; these are not reflected in the tables below, which relate
only to permanent provisions of the law.
37
Burkina Faso Code des personnes et de la famille 1989 art 140 ; Cape Verde Decreto-Lei No 53/93 Art 5; Côte
d’Ivoire Code de la nationalité 1961 (amended 2013) Art7 ; Gambia Constitution 1996 (amended 2001) Arts 910; Ghana Constitution 1992 Art6(2) and Citizenship Act 2000 Art 7; Guinea Bissau Lei da nacionalidade
1992(amended 2010) Art 5; Nigeria Constitution 1999, art 25 ; Senegal Code de la nationalité 1961 (amended
2013), art 5.
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