Exercise 5 Legal analysis on discrimination and statelessness Interactive classroom activity or take-home exercise You work for an international NGO that advocates for equality in the enjoyment of all human rights. Your job is to monitor and report on discriminatory State practices. Your current assignment is to review the nationality law of State B and to identify any provisions that are discriminatory or may lead to a discriminatory application of the law. Your supervisor has asked you to provide a commentary on each of these provisions, explaining: (a) In what way (on which ground) the provision is discriminatory or how the application of the provision may lead to indirect discrimination; (b) How such discrimination may contribute to the creation or prolongation of statelessness; and (c) Which international standards are applicable and whether the provision is in violation of these standards. Here are the relevant extracts from the Nationality Act of State B: Article 3 •Every person born in State B after independence shall become a citizen of State B on the date of his birth if one of his parents is a citizen and is a person of African race. • Article 4 A person born outside State B after independence shall become a citizen of State B on the date of his birth if his father is a citizen by birth and is a person of African race. [...] 9 •TheArticle marriage of a foreign woman to a citizen of State B shall not entitle her to acquire the nationality of her husband, unless she informs the Ministry of the Interior of her wish to become a national, provided that the marriage has lasted for three years as from the date of expressing such wish and on the condition that she has revoked her original nationality [...] However, in all cases a foreign husband may not enjoy the nationality of his wife. • Article 10 A wife who acquires the nationality of State B by dependence to her husband, under the previous article, shall retain the nationality of State B if her husband dies. Citizenship may not be withdrawn from her except in the two following cases: (a) If she marries a foreign national. (b) If she restores her original nationality or acquires another nationality. [...] Article 17 •State B nationality may be granted by Decree by the Minister of the Interior to any person of full age satisfying the following conditions: (a) That he has lawfully resided in State B for at least 20 consecutive years or for at least 10 consecutive years if he is of African race belonging to an African country. The requirement of consecutive residence shall not be affected if the applicant leaves State B on official business; (b) That he has lawful means of earning his living; (c) That he is of good character and has not be convicted of an honour-related crime or of an honesty-related crime; (d) That he is fluent in the language and familiar with the customs of State B; (e) That he adheres to the State religion, and, if he has converted to the State religion according to the prescribed rules and procedures, that a period of at least 5 years has passed before the grant of naturalisation. Nationality thus 50 A Guide to Teaching on Statelessness