ACTION 3: Remove gender discrimination from nationality laws
When women are unable to pass on their nationality to their children because of discriminatory nationality laws,
and those children are unable to acquire nationality from the father, they are rendered stateless. This can happen
where the father is stateless, unknown, or unable or unwilling to complete administrative requirements to confer
his nationality or to obtain documentation to prove the nationality of the child.
Progress in this area has been slow. Some 24 States continue to maintain nationality laws which do not allow
women to confer nationality to their children on an equal basis as men. Since 2014, three countries have reformed
their nationality laws to allow women to pass their nationality on to their children on an equal basis to men: Liberia
(2022), Madagascar (2017) and Sierra Leone (2017). In addition, five States – Benin, Guinea, Lesotho, Nauru and
the Solomon Islands – have introduced reforms to their nationality laws to grant women and men an equal ability
to confer nationality on spouses.
Regional initiatives for gender equality lead the way
Nationality laws that don’t allow women to confer
nationality to their children in the same way as men
are not only discriminatory, but a major cause of
statelessness. As a result, Action 3 has been a major
emphasis throughout the #IBelong Campaign, and
UNHCR has resolutely supported legislative changes
and policy reforms in its consultations with States,
regional networks and other key changemakers.
Progress on this action has been most notable in
Africa, where regional organizations have shown great
commitment to ending statelessness by prioritizing
gender equality. In February 2015, member countries
from the Economic Community of West African
States (ECOWAS) signed the Abidjan Declaration
on Eradication of Statelessness, which noted that
statelessness often prevents individuals from enjoying
a full range of human rights and recognized the high
number of stateless people – including children –
across the region. It specifically addressed the issue
of gender equality as well, “underlining the importance
of the principles of equality and non-discrimination,
particularly as they relate to the transmission of
nationality to a spouse or child.”
ECOWAS followed up these commitments in the Banjul
Plan of Action, which was adopted two years later,
in May 2017. This Plan set forth specific objectives,
activities and timeframes for addressing statelessness
in the region.
Later in 2017, member States from the International
Conference of the Great Lakes Region signed
a Declaration on the Eradication of Statelessness
and presented an action plan to ensure that women
and men have equal rights regarding nationality,
including conferring it on their children and spouses.
Similarly, countries belonging to the Economic and
Monetary Community of Central Africa endorsed the
N’Djamena Initiative on the Eradication of Statelessness
in December 2018, also committing to equality in
nationality rights for women and men.
In February 2024, the African Union Assembly of
States adopted a Protocol to the African Charter on
Human and People’s Rights, relating to the specific
aspects of the right to nationality and the eradication
of statelessness in Africa. The Protocol enshrines the
right for both women and men to pass their nationality
on to their children. These groundbreaking measures
have helped advance the cause of gender equality
in Africa and are key commitments towards ending
statelessness on the continent.
Finally, and most recently, the Arab Declaration for
Belonging and Legal Identity was adopted by the
League of Arab States in July 2024. This Declaration
sets forth an important framework that helps respond
to many of the most critical challenges in the region
through measures that include efforts to prevent
childhood statelessness and strengthened legal
identity rights, especially for women.
#IBELONG
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