In Iraq, although the Iraqi Constitution of 2005 establishes gender equality by providing that nationality
is acquired by descent from either men or women, Iraq’s 2006 nationality law limits the ability of Iraqi
women to confer nationality to children born outside the country. For such births, the child of an Iraqi
mother may apply for Iraqi nationality within one year of reaching majority, providing that the child's
father is unknown or stateless and the child is residing in Iraq at the time of the application.
In Syria, mothers can only confer nationality if the child was born in Syria and the father does not
establish filiation in relation to the child. Syria has a safeguard in place to prevent statelessness among
children born in the territory but is not clear that this is implemented in practice.
The law of Bahrain allows mothers to confer their nationality to their children born either in their home
countries or abroad if the fathers are unknown or stateless. Under the law of Oman, mothers confer
nationality to their children born either in their home countries or abroad if the fathers are unknown or
are former Omani nationals.
In Mauritania, mothers can confer nationality to children when the father is unknown or stateless.
Children born in Mauritania to Mauritanian mothers and foreign fathers, or to mothers who were born
in Mauritania themselves, also acquire Mauritanian nationality. However, in the latter two instances,
these children can renounce their nationality at majority, even if this leaves them stateless. Children
born abroad to Mauritanian mothers and foreign fathers can opt for Mauritanian nationality in the year
before majority.
Africa
Africa has witnessed numerous reforms to nationality laws in recent years which have granted equality
to women and men with regard to conferral of nationality on their children. Several States in Africa
maintain legislative provisions that do not yet do so but are in the process of reviewing them from a
gender equality perspective. Seven countries in Africa do not provide mothers equal rights as fathers to
confer their nationality on their children, leading to a risk of statelessness for such children 4.
The laws of Somalia and Swaziland do not allow mothers to confer their citizenship on their children
under the same conditions as fathers. Under the 1962 Somali Citizenship Law only children of Somali
fathers acquire Somali citizenship. Swaziland’s Constitution of 2005 stipulates that any child born inside
or outside Swaziland prior to 2005 to at least one Swazi parent acquires Swazi citizenship by descent.
However, children born after 2005 only acquire Swazi citizenship from their fathers, unless the child
was born out of wedlock and has not been claimed by the father in accordance with customary law.
Following reform in 2006, the laws of Sierra Leone provide that a child born in Sierra Leone after 1971
acquires Sierra Leonean citizenship by birth if their father, mother or any grandparent was born in
Sierra Leone and is a person of “Negro African descent”. Children born abroad, however, only acquire
Sierra Leonean citizenship by descent if their father is a Sierra Leonean citizen. Nevertheless, the Sierra
Leone nationality law contains a safeguard granting Sierra Leonean citizenship to any child born to a
Sierra Leonean mother who has not acquired another nationality.
(4) The laws of Guinea and Mali also treat women differently with regard to conferral of nationality to their children.
However, the scope of the exceptional circumstances in which women are permitted to transmit their nationality, or the
fact that the nationality laws contain general safeguards against statelessness, means that despite the discriminatory nature
of these nationality laws, children are nonetheless protected against statelessness. In Benin, although children can acquire
nationality from their mothers, if the father is a foreign national, such children are allowed to renounce Benin nationality
within 6 months of reaching majority.
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