27. The Togolese Nationality Code does not provide for the granting nationality to
foundlings or children of unknown parents, putting them at risk of statelessness. Though
the Togolese Children's Code stipulates in article 19 that any child found on Togolese
territory before the age of five and whose filiation is unknown, as well as any child born
in Togo to parents whose place of birth is unknown, has the right to acquire Togolese
nationality, the Code does not ensure safeguards to prevent statelessness among
foundlings or children of parents with unknown nationality above age five. Moreover,
provisions pertaining to the acquisition of Togolese nationality by foundlings and
children of unknown parents must also be enshrined in the Togolese Nationality Code.
We encourage the government to involve non-governmental stakeholders, including
NGOs and UN agencies, in the development and implementation of a comprehensive
National Action Plan to eradicate statelessness.
Recommendations
28. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to Togo:
I.
Enact reforms to remove gender discrimination from its nationality law
by:
a. Granting Togolese women the right to transfer their nationality to their
children on an equal basis with men;
b. Granting Togolese women the right to transfer their nationality to their
spouse on an equal basis with men; and
c. Preventing naturalized Togolese women from losing their nationality
upon termination of marriage; and removing any other discrimination on
the basis of sex.
II.
Protect every child’s right to acquire and preserve a nationality, without
discrimination in relation to the child or the child’s parents or guardians,
and ensure comprehensive safeguards against statelessness, including
through the adoption and implementation of a National Action Plan to
eradicate statelessness.
III.
Amend the Nationality Law and Children’s Code to provide that all
foundlings, including those above five years of age, acquire Togolese
nationality and that children of parents whose place of birth is unknown
acquire Togolese nationality at birth.
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