BACKGROUND NOTE ON GENDER EQUALITY, NATIONALITY LAWS AND STATELESSNESS 2018
More recently, commitments made at the regional level have been instrumental in
promoting change. In February 2015, under the Abidjan Declaration of Economic
Community of West African States on Eradication of Statelessness4, and subsequently
pursuant to the legally binding Banjul Plan of Action5 adopted in May 2017, ECOWAS
Member States committed to ensuring that women and men have equal rights to confer
nationality on their children. In October 2017, Member States of the International
Conference of the Great Lakes Region Member States signed a Declaration on the
Eradication of Statelessness6 and an accompanying Plan of Action which commits those
States to ensuring that women and men have equal rights to acquire, change and retain
their nationality and to confer their nationality on their children and spouses.
In October 2016, a Regional Expert Meeting entitled “Our Children, Our Future:
Belonging and Identity”, was convened in partnership with the League of Arab States
(LAS), which resulted in the development of a LAS Declaration to strengthen rights to
legal identity, including rights to birth registration, nationality and family unity. In October
2017, a Conference for Arab States on Good Practices and Regional Opportunities to
Strengthen Women’s Nationality Rights was organized by the LAS and resulted in the
adoption of an Outcome Statement7 that promotes gender equality in the acquisition,
change, retention or conferral of nationality. These events paved the way for the LAS to
adopt a Ministerial Declaration on Belonging and Legal Identity in February 2018, which
combines the main provisions of the 2016 Arab Declaration and 2017 Outcome
Statement. The Ministerial Declaration calls for gender equal nationality rights in all
countries in the region, as well as for all children to enjoy their right to a legal identity.
In 2017, Madagascar and Sierra Leone became the first countries since the launch of
UNHCR’s #IBelong Campaign to End Statelessness to reform their nationality laws to
allow mothers to confer their nationality to their children on an equal basis as men. In
Madagascar, although the reform does not permit Malagasy women to confer their
nationality on their non-national spouses (as Malagasy men can), it does allow both
spouses and children to retain their nationality if a partner or a parent loses theirs. In
4
Abidjan Declaration of Ministers of ECOWAS Member States on Eradication of Statelessness, 25 February 2015, available at:
http://www.refworld.org/docid/54f588df4.html
5
Economic Community of West African States (ECOWAS) Plan of Action on Eradication of Statelessness, 2017 – 2024,
2017, available at: http://www.refworld.org/docid/5915c88a4.html
6
Declaration of International Conference on the Great Lakes Region (ICGLR) Member States on the Eradication of
Statelessness, 16 October 2017, CIRGL/CIMR/DEC/15/10/2017, available at: http://www.refworld.org/docid/59e9cb8c4.html
7
The First Arab Conference on Good Practices & Regional Opportunities to Strengthen Women's Nationality Rights League of
Arab States Secretariat General, 1-2 October 2017 – Outcome Statement, available at:
http://www.refworld.org/docid/5a256c4a4.html
4
UNHCR | 8 March 2018
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