A/78/256
minority who predominantly reside in Rakhine state and have limited access to
citizenship. 16
21. In India, residents living along the border between India and Bangladesh have
a long history of being considered foreigners. In the Indian state of Assam, the
National Register of Citizens lists only those persons identified as “genuine citizens”
and stipulates that any person entering the state after the date of creation of
Bangladesh would be considered a foreigner, unless proven otherwise, and would
therefore be guilty of illegal immigration. 17 This has had the effect of retroactively
denying citizenship by birth to persons born in Assam prior to 1985, as well as
citizenship by descent. 18 The updated National Register remains inaccurate and
incomplete and, while claims to revise data in the Register remain pending, the burden
of proof is largely imposed on individuals, who may be re troactively denied
citizenship. As a result of these processes, over 2 million people, including women
and girls, are currently at risk of statelessness in Assam. 19
V. Causes of gender-discriminatory nationality laws
and statelessness
22. The following section is focused strictly on the causes of gender-discriminatory
nationality laws. The Special Rapporteur does not probe comprehensively the causes
of statelessness, such as those whereby persons deemed to be outsiders may be
stripped of their nationality as a tool of discrimination and/or persecution on the basis
of different grounds or for other reasons.
Patriarchal values
23. Gender-discriminatory nationality laws are shaped by patriarchal and colonial
legal values that find their origin in common and civil law systems that have a
prejudicial approach to family relations, including that the nationality of a child is
derived from the father’s nationality in a marriage. Many of these laws were imposed
during the colonial era. 20 Such prejudicial concepts have been reinforced through
stereotypical representations of the man as the head of the household and the women
as a dependant; these have long been used to justify gender-discriminatory laws and
practices to prevent women from acquiring, retain ing or transmitting nationality,
irrespective of the nationality status of their spouse. Some States apply the principle
of “dependent nationality”, which ties the nationality of a married woman to that of
her male spouse.
24. A woman’s nationality may also be automatically withdrawn if she marries a
foreign national or is required to renounce her nationality to acquire her spouse’s
nationality. Moreover, a woman who loses her nationality owing to the loss of a
spouse’s nationality may have her application to recover her original nationality
refused on the ground that she is no longer a national, even though the right of return
to one’s country of origin is guaranteed in international law. Certain social and
cultural norms deny women’s right to register children and require the presence of a
__________________
16
17
18
19
20
23-14780
Institute on Statelessness and Inclusion, “Dangerous journeys through Myanmar: insecurities and
immobilities for Rohingya and Muslim women in post -coup Myanmar”, March 2022.
India, Citizenship (Amendment) Act, 2003.
Nationality For All, Minority Rights Group International and Institute on Statelessness and
Inclusion, “Joint submission to the Human Rights Council at the 41st session of the Universal
Periodic Review, India”, 31 March 2022.
Ibid.
Radha Govil and Alice Edwards, “Women, nationality and statelessness: the problem of unequal
rights”, p. 173.
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