Birth Registration and Consular Assistance in Egypt and Morocco
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Table 1: Ratification of Relevant Treaties by Egypt and Morocco
Treaty
Date of Ratification/Accession
Egypt
Morocco
International Covenant on Civil and Political Rights (ICCPR), 1966
1982
1979
Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW), 1979
1981
199326
Convention on the Rights of the Child (CRC), 1989
1990
1993
Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families (CMW), 1990
1993
1993
Convention on the Rights of Persons with Disabilities (CRPD), 2006
2008
2009
Convention relating to the Status of Refugees, 1951
1981
1956
Convention on the Reduction of Statelessness, 1961
-
-
Hague Convention, 1930
Signature only
-
Arab Charter on the Rights of the Child, 1983
1993
-
Arab Charter on Human Rights, 2004
-
-
OAU Convention Governing the Specific Aspects of Refugee
Problems in Africa, 1969
1980
-
African Charter on the Rights and Welfare of the Child, 1990
2001
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The Law in Egypt and Morocco
The legal framework for nationality in both Egypt and Morocco is founded principally
on descent. Amendments to the law adopted by Egypt in 2004 and by Morocco in 2007
removed discrimination on the basis of sex in transmission of nationality by parents to
children (though not between spouses in marriage).28 Both nationality codes provide that
foundlings shall be presumed to be nationals; a child born abroad of unknown parents
may also acquire Moroccan nationality if taken care of by a Moroccan national, through
the Islamic system of guardianship known as kafala. But neither law provides the protection against statelessness that a child born in the country who cannot acquire nationality
from his or her parents shall acquire the nationality of the country of birth. In Egypt,
the law provides for significantly easier routes to acquire citizenship by naturalisation
for those born in the country who are of Arab and Muslim heritage; while a child born in
Morocco whose father was also born there and is of Arab Muslim origin may also opt to
acquire nationality at majority.29 In practice, naturalisation is very hard to access in both
Morocco withdrew reservations relating to transmission of nationality in 2011.
Morocco only rejoined the African Union in 2017, after an absence of more than three decades, and
has not yet acceded to any of the human rights treaties.
28
A draft law to remove gender discrimination in transmission between spouses was submitted to parliament in Morocco in November 2017.
29
Law No. 26 of 1975 concerning Egyptian nationality, as amended by Law No. 154 of 2004; Dahir no.
1-58-250 portant Code de la nationalité marocaine (B.O. 12 sept. 1958), as amended by Dahir n° 1-60-132
du 16 safar 1380 (10 août 1960); Dahir n° 1-07-80 du 3 rabii I 1428 (23 mars 2007); and Dahir n° 1-11-170
du 27 kaada 1432 (25 octobre 2011).
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