Discrimination in the Nationality Law of Liberia
11. Nationality rights in Liberia are addressed in the Constitution and Aliens and Nationality
Law of 1973 as amended in 1974. Accordingly, the right to nationality is impeded by
Constitutional provisions which are discriminatory on the basis of race, and provisions
of the Aliens and Nationality law which are discriminatory on the basis of sex.
Gender Discrimination
12. Although the Liberian Constitution provides that either parent can pass nationality to
their children, the nationality law restricts the equal right of mothers to do so. Section
20.1(b) of the Aliens and Nationality Law: Part III, Nationality and Naturalization 19731974 discriminates on the basis of sex. The provision states:
“A person born outside Liberia whose father (i) was born a citizen of Liberia; (ii) was a
citizen of Liberia at the time of the birth of such child, and (iii) had resided in Liberia
prior to the birth of such child.”
Although children born outside of Liberia to a citizen mother and alien father can
eventually apply for naturalization at age 21 under Section 21.31, in effect, Liberian
women cannot pass on their Liberian citizenship to their children who are born abroad,
regardless of whether their children are born in or out of wedlock. Fathers, however,
can automatically pass on their Liberian citizenship to children born both at home and
abroad.
13. This distinction discriminates against women. This not only denies equality to women
and men, but can also result in severe consequences for children such as statelessness,
risk of deportation, and lack of access to publicly-funded education, health and social
benefits and economic opportunities. This discrimination also serve to compromise
Liberian women’s equal right to freely choose a spouse and a place of residence.
14. Such distinctions in the transmission of citizenship violate the right to equality before
the law and equal protection of the law and constitute discrimination on the basis of
sex. In accordance with the principles of equality and non-discrimination set forth in
treaties ratified by Liberia, Liberia should guarantee its citizens the equal right to
confer citizenship on their children born abroad
Race Discrimination
15. The Liberian Constitution is also discriminatory on the basis of race. According to Article
27(2) of the 1986 Constitution:
“In order to preserve, foster and maintain the positive Liberian culture, values and
character, only persons who are Negroes or of Negro descent shall qualify by birth or by
naturalization to be citizens of Liberia.”
16. The prevalence of race discrimination under the Constitution, which denies the equal
right to nationality of members of minority communities, has been critiqued by both
internal and external actors, with President George Weah calling the provision
“unnecessary, racist and inappropriate”, in his first State of the Nation address in January
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