The Impact of Gender Discrimination on Statelessness
where laws are gender neutral, noting that traditional practices of birth registration
managed by traditional chiefs often give precedence to men.155 Thus, it appears that
even where there has been progress on reforming overtly gender discriminatory
laws, the reality for women tends to be impacted by gender discriminatory norms
in practice.
V. CONCLUSION
According to Coomaraswamy, ‘statelessness is a status of profound marginalization’.156As
the foregoing discussion shows, this profound marginalisation is particularly acute
for stateless women, or those who are at risk of being stateless, who often must
navigate multiple and compounded levels of discrimination and risks on the basis of
their gender. This article has sought to highlight some of the key direct and indirect
forms of gender discrimination that contribute to statelessness, as well as some of
the key consequences of statelessness particularly impacting women. The denial of
nationality rights comes with a much greater risk of the denial of a wide range of
human rights and elevates risks of gender-based violence and exploitation for women.
With the exception of the focus on gender-discriminatory nationality laws, this
gender gap has received relatively limited attention in statelessness scholarship and
practice. This deficit is perhaps not surprising in light of the normative gender gaps
persisting in the international legal framework on refugees and statelessness, where
the foundational treaties omit reference to sex or gender discrimination. It seems
that attention to gender issues in statelessness has long been side-lined. Yet, as the
foregoing discussion has sought to demonstrate, gender discrimination significantly
impacts statelessness and the risk of statelessness, including in the Southern African
region.
Despite the gender gaps in the Statelessness Conventions, analysis of relevant
international human rights laws and policies, binding in Southern African countries,
demonstrates that there are strong legal protections of the rights to nationality,
equality and non-discrimination on the basis of gender. Selected regional and
domestic developments in the African human rights system indicate that there is
also growing awareness of and responses to this issue in the regional context. For
example, the affirmation of key protections related to gender discrimination in
the AU Draft Protocol on Nationality is significant. However, even the Maputo
Protocol provides an exception allowing states to retain gender discriminatory laws
with respect to passing nationality to children, indicating that robust protection
of equality rights in nationality and statelessness issues still face challenges.
Nonetheless, there are encouraging developments in domestic law reform efforts
to address these issues in countries throughout Southern Africa. The Unity Dow
case from Botswana remains an important example of how gender-discriminatory
Radhika Coomaraswamy ‘Beyond borders: Statelessness and the people in between’ International Conference on Statelessness Keynote Speech (26 June 2019), available at https://files.institutesi.org/Keynote_Radhika_Coomaraswamy.pdf,
accessed on 12 May 2022.
156
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