nationality; (b) amend The Bahamas Nationality Act 1973 to include provisions allowing
Bahamian men and women to transmit citizenship to their children on an equal basis and take
further legislative steps to ensure that Bahamian women can transmit their nationality to nonBahamian spouses, in line with article 9 of the Convention; (c) introduce a statelessness
determination procedure to identify stateless women and children, including orphans of parents
who are themselves stateless or of unknown nationality, and afford them protection in the State
party, including access to a simplified naturalization process before they reach the age of 18
years.
The Bahamas’ National Legal Framework
21. Bahamian nationality is regulated by the 1973 Constitution of The Bahamas (‘the Constitution”),
provisions of which are incorporated into the 1973 Bahamas Nationality Act (“the Nationality
Act”).
22. Relevant Constitutional provisions on the right to nationality are found in:
[Article 6] – Right to nationality for children born on the territory to Bahamian nationals
[Article 7] – Right to nationality for children born on the territory to foreign nationals
[Article 9] – Right to nationality for children born abroad to Bahamian nationals
23. The above-referenced Articles represent “entrenched provisions”, and amendments require a
Constitutional Referendum to effect change.
24. Other relevant aspects related to conferral of nationality are regulated by the Nationality Act;
Part II, Section 4 which governs acquisition of nationality in adoption cases.
The Child’s Right to Acquire a Nationality
Children born in the territory
25. According to the Bahamian Constitution, Bahamian men and women do not have an equal right
to confer nationality on their children, in accordance with principles and standards set out in
multiple international human rights instruments as outlined above.
26. Furthermore, lack of safeguards in Bahamian law to ensure access to acquire nationality for
children born in the territory who are otherwise stateless, means that children who do not
acquire nationality from their parents at birth will remain statelessness until such time as they
might acquire nationality, most likely at adulthood, which is incompatible with principle of the
best interests of the child stipulated in Article 3 of the CRC.
27. Thus, discriminatory nationality provisions in the law, and a lack of legal safeguards to ensure
access to nationality for otherwise stateless children are a direct violation of the child’s right to
acquire a nationality as stipulated in Article 7 of CRC which provides:
“Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to
a name, the right to acquire a nationality and, as far as possible, the right to know and be
cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with
their national law and their obligations under the relevant international instruments