31. In Brunei Darussalam statelessness can result amongst children born to a union between a Bruneian mother and a foreign father when: I. II. III. IV. V. the child’s parents and/or guardians are not aware of the requirement to register the child in order to confirm the child’s Brunei Darussalam citizenship, the child is born out of a legally recognised marriage, the father of the child denies parentage, the father of the child is himself stateless, or the child’s parents and/or guardians refuse to register the child in order to confirm the child’s citizenship. 32. Additionally, the Brunei Nationality Act 1961 does not allow female citizens to confer nationality on their foreign husbands. However, a foreign woman married to a citizen male can acquire Brunei Darussalam citizenship through naturalisation.28 Such gender discriminatory nationality provisions can perpetuate statelessness in circumstances when the husband is himself stateless or at risk of statelessness. This is particularly of concern in a country like Brunei Darussalam where such a large percentage of the population is stateless. 33. Brunei Darussalam has implied justification for women’s inability to confer nationality on children on an equal basis with men due to its policy of single nationality. However, this ignores the fact that children of male citizens automatically confer nationality on children, regardless of whether a foreign mother’s country also automatically confers nationality on the child. The desire to maintain a policy of single nationality is not a legitimate justification for denying citizens equal nationality rights due to their gender. Such gender discriminatory nationality laws implicitly establish women to be second-class citizens and promote an understanding of children’s identity as primarily derived from the male line, further exacerbating a sexist and discriminatory framework for women’s role in the family and society. Women in Brunei Darussalam’s unequal ability to confer nationality on children and spouses also negatively impacts women’s ability to freely choose a spouse and to form a family. Ethnic Chinese 34. As discussed above, Brunei Darussalam, as a member State of the UN is obliged by the UN Charter to promote ‘universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion’.29 Nevertheless, racial discrimination in Brunei Darussalam’s nationality laws and policies continues to be a barrier for ethnic Chinese to enjoy both permanent residency and citizenship in Brunei Darussalam. 35. Ethnic Chinese are the largest non-Malay minority population in Brunei Darussalam and are likely to comprise a sizeable proportion of Brunei Darussalam’s stateless population.30 28 Brunei Nationality Act (Cap. 15) (No. 4 of 1961) (Brunei Darussalam) art 5(6) <http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap015.pdf>. 29 Charter of the United Nations, art 55(c). According to Article 56 of the Charter, it is the obligation of all member states of the UN to take “joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55”. 30 U.S. Department of State, 2012 Country Report on Human Rights Practices: Brunei Darussalam (19 April 2013), 9 <https://www.state.gov/j/drl/rls/hrrpt/2012/eap/204188.htm>. 6