Rights and Welfare of the Child, which highlights the importance of birth registration under Article 6. 16. Togo is also a member of ECOWAS and is a signatory to the Abidjan Declaration of Ministers of ECOWAS Member States on Eradication of Statelessness, a commitment by all ECOWAS members to take concrete action to combat statelessness including by ensuring women and men have equal rights to acquire, change and retain their nationality and to confer nationality. 17. Togo has not acceded to the 1954 Convention Relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness. Gender Discrimination in the Nationality Law 18. The Togolese Constitution, Nationality Code, Children’s Act and Code of Persons and the Family all contain provisions pertaining to nationality rights. Notably, several of these legal texts retain gender-discriminatory provisions that contradict the rights enshrined in other, more recent legal sources, including those pertaining to women’s ability to confer nationality on children and to retain nationality without discrimination on the basis of marital status. The Nationality Code also includes gender-discriminatory provisions pertaining to the right of a citizen to confer nationality on a noncitizen spouse. 19. Articles 5 and 12 of the Nationality Code of Togo do not allow women to transfer their nationality to noncitizen spouses on an equal basis with men. Togolese men may transfer their nationality to their foreign spouse automatically at the time of marriage. Additionally, under Article 23, foreign women who take their Togolese husband’s nationality may lose their Togolese nationality upon termination of the marriage. Although the Constitution (Article 32) and the Children’s Act (Article 17) both provide for equal nationality rights in relation to the conferral of nationality on children by Togolese citizens, Article 3 of the nationality code also discriminates against Togolese women by denying women the right to confer nationality on their children, unless the father is stateless or unknown. The Togolese Nationality Code must be brought into alignment with the Constitution and Children’s Act to uphold women’s equal right to confer nationality. 20. By denying women equal nationality rights with men, the Togolese Nationality Code undermines women’s status as equal citizens and violates international law, as well as the Togolese Constitution, which guarantees equality before the law of all citizens without distinction, including on the basis of sex. 21. Though the effects of the provision that causes naturalized Togolese women to automatically lose their nationality in cases of divorce are mitigated by the 2012 Code of Persons and the Family, which states that divorce has no effect on the nationality rights acquired by a man or a woman, law reform is needed to ensure alignment between the Nationality Code, Code of Persons and Family and Constitution, so there is no room for doubt, or the discriminatory and arbitrary application of the law in the context of contradictory provisions being open to interpretation by decision makers. 22. In addition to undermining women’s equal citizenship, gender discrimination in nationality laws can result in wide-ranging human rights violations including obstacles 5

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