Report on Citizenship Law: Mali relationship must take place during the child’s minority, raising the risk of statelessness for some children born out-of-wedlock. 3.1.2 Based on two generations born in the territory The 2011 law changed the requirement for double-birth, replacing the requirement that a child be born in Mali to parents ‘of African origin’ with the requirement that a child be born to parents whose nationality of origin was ‘in an African state.’99 This change removed potentially racially discriminatory language from the Code while preserving an element of panAfricanism. This change, however, removed a possible protective clause for stateless persons and injecting discrimination based on nationality, rather than race. 3.1.3 Presumption for children of unknown parents The 2011 Code made important changes to the presumption of nationality for children born in Mali of unknown parents. Article 225 removed the previous caveat that such a child would lose nationality if the parents were later found and the child’s entitlement to their nationality was established. The law now provides that they retain Malian nationality even if parentage is later established. Article 226 retained the provision that a new-born infant is presumed born in Mali. 3.2 Acquisition of nationality after birth 3.2.1 Adoption The 2011 Code provides for the automatic acquisition of nationality for children adopted by both Malian women and men (Article 230), a change from the previous law. 3.2.2 Acquisition by parents of Malian children The 2011 Code added a means of acquiring Malian nationality in Article 232 for the parents of Malian children, where the parents had resided in Mali for at least one year. However, for parents acquiring Malian nationality from their children under Art. 232, only foreign parents, not stateless parents, qualify. 3.2.3 Declaration based on birth and residence Article 237 confirms the existing possibility for a child born in Mali of foreign parents to acquire nationality ‘by declaration’, during the six months preceding majority, if he or she has been resident in Mali for at least five years at that time. 3.2.4 99 14 Acquisition based on marriage 2011 Code Art. 227. RSCAS/GLOBALCIT-CR 2020/11- © 2020 Author(s)

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