11. As stated by the CEDAW, Article 9 among others is “central to the object and purpose of the
Convention and that the reservations impact negatively on the enjoyment by women of their
rights.”9 Therefore, the maintenance of nationality laws which discriminate on the basis of
gender are themselves in conflict with the object and purpose of the CEDAW and with the
general obligation of all state parties to “agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against women.”10
12. The UAE is not party to the 1954 Convention relating to the Status of Stateless Persons, the
1961 Convention on the Reduction of Statelessness or the1951 Convention relating to the
Status of Refugees and its 1967 Protocol. The United High Commissioner for Refugees
(UNHCR) and CEDAW recommended that the UAE accede to all of these treaties.11
13. In terms of the arbitrary deprivation of nationality, the report of the Secretary-General on
‘Human rights and arbitrary deprivation of nationality’12 discusses the regulation of loss and
deprivation of nationality, particularly emphasising that
‘Any interference with the enjoyment of nationality has a significant impact on the
enjoyment of rights. Therefore, loss or deprivation of nationality must meet certain
conditions in order to comply with international law, in particular the prohibition of
arbitrary deprivation of nationality.’13
Gender discrimination in nationality law
14. Article 2 of the United Arab Emirates: Federal Law No. 17 for 1972 Concerning Nationality
states that a citizen is:
B. Anyone born in the country or abroad to a father who is a citizen by law.
C. Anyone born in the country or abroad to a mother who is a citizen by law, whose
fatherhood is not substantiated.
D. Anyone born in the country or abroad to a mother who is a citizen by law, whose father
is unknown or without nationality.
Emirati law is therefore based on paternal jus sanguinis, nationality is transferred through an
Emirati male, although some exceptions exist for females.
15. A decree issued in November 2011 by President, Sheikh Khalifa, gives children of
Emirati women married to non-Emiratis the opportunity to apply for citizenship when they
reach the age of 18. When this decree was announced it resulted in the acquisition of Emirati
nationality by 1,117 children born to Emirati women married to foreigners.14 However, this
9
The CEDAW Committee has noted this on a number of occasions and in Concluding Recommendations for State Parties
under review, including in CEDAW/C/ARE/CO/1, para 16.
10 Report of the Committee on the Elimination of Discrimination against Women (Eighteenth and nineteenth sessions),
A/53/38/Rev.1, page 47.
11 UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees For
the Office of the High Commissioner for Human Rights' Compilation Report - Universal Periodic Review: United Arab
Emirates, June 2012, available at: http://www.refworld.org/docid/4ffd31262.htm
12 OHCHR, Secretary-General ‘Human rights and arbitrary deprivation of nationality’2013
13 A detailed report of the impact of deprivation of nationality on the enjoyment of human rights is contained in
A/HRC/19/43.
14 UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees For
the Office of the High Commissioner for Human Rights' Compilation Report - Universal Periodic Review: United Arab
Emirates, June 2012, available at: http://www.refworld.org/docid/4ffd31262.htm