Nationality and Cases of Statelessness in the Middle East and North Africa
retention of other provisions which previously allowed
women to only pass on nationality in the exceptional
circumstance that the child’s father was stateless
(both countries) or unknown (Iraq). It is therefore
unclear whether the child of an Iraqi or Libyan mother
will always be recognised as a national.103
In all other MENA countries, women do not yet enjoy
equal rights with men, with respect to the nationality
of their children, despite this being prescribed by
international human rights standards.104 Children
born in Mauritania to a Mauritanian mother do
automatically receive this nationality, but those born
to a Mauritanian mother abroad will need to complete
a registration procedure. In all other MENA countries,
as shown in Table 1, women can also only pass on their
nationality in exceptional circumstances. The most
common of these is where the father is unknown or
paternal affiliation has not been established – usually
meaning where the child is born outside marriage.
The second most widely regulated circumstance in
which a mother can transmit her nationality is where
the father has none to offer, i.e. he is himself stateless.
It must be recognised, however, that this is insufficient
to prevent all cases of statelessness among children.
103 - In Libya, the “Executive Ordinance” required for the implementation of
the new maternal jus sanguinis provision (article 11 of the law) has also not yet
been issued.
104 - Among which, article 9(2) of CEDAW.
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