A/HRC/60/42
Egypt had ruled it unconstitutional to deny women the right to confer nationality on their
children. That had led to a 2004 amendment granting women that right, with the law applied
retroactively – enabling children who had already been born to Egyptian mothers and foreign
fathers to apply for nationality through the Ministry of the Interior. The reform had
significantly reduced statelessness and had made it possible for affected children to access
essential rights, such as to education, healthcare and other public services.
26.
Mr. Farid highlighted the adoption of the country’s 2014 Constitution, which
enshrined the right to nationality for children born to either Egyptian mothers or fathers. A
2023 amendment had extended that right to women who were naturalized Egyptians. That
achievement had been the result of sustained and concerted efforts by civil society, legal
experts, lawyers, policymakers and parliamentarians, through the extensive use of strategic
litigation, public awareness campaigns and engagement with government to overcome
entrenched resistance.
27.
Charles Muendo, Deputy Director of the Directorate of Immigration Services in the
Ministry of Internal Affairs and National Administration in Kenya, and the government focal
point on statelessness, began by outlining the historical roots of statelessness in Kenya,
tracing it back to the colonial period when labour migration had led to the settlement of
communities whose descendants had later been rendered stateless due to exclusionary legal
frameworks and missed registration opportunities after independence. Constitutional and
legislative frameworks, in particular the 1963 Constitution and subsequent legislation, had
not recognized members of those communities as Kenyan citizens. A major development had
been achieved with the 2010 Constitution, which had introduced article 15 (2), allowing
stateless persons to apply for citizenship. However, he stressed that the Citizenship and
Immigration Act imposed restrictions, such as limiting eligibility to those who had been
present in Kenya since 12 December 1963, thereby excluding many descendants of later
migrants. He also highlighted the lack of safeguards for stateless children born in Kenya and
the continuing inconsistencies in the identity verification process, which remained
exclusionary.
28.
Mr. Muendo highlighted other key milestones in addressing statelessness, including
the recognition and documentation of the Makonde (2016), Shona (2020) and Pemba (2023)
communities, following presidential proclamations. Those achievements had been made
possible through community self-registration efforts that had allowed for verification and
processing by the Government, with elders, NGOs and UNHCR playing a crucial role. Efforts
were under way for stateless Rwandan and Burundian populations, with over
2,300 individuals undergoing verification as of December 2024. He welcomed those
developments as evidence of strong political will and effective coordination between
government institutions, civil society actors and international partners.
29.
Nonetheless, Mr. Muendo stressed that challenges remained, including the lack of
comprehensive data on stateless persons, the fear of prosecution among those who had
obtained identity documents irregularly, and restrictive provisions in the Citizenship and
Immigration Act. Funding constraints were an obstacle to effective outreach and registration.
Mr. Muendo concluded by noting the existence of a draft amendment bill aimed at addressing
those legal gaps and removing restrictive time limits, reaffirming the commitment of Kenya
to eradicating statelessness and ensuring equal access to rights and services for all affected
persons.
30.
Macarena Rodríguez, a Chilean lawyer and Director of the Legal Clinic at the Alberto
Hurtado University, began by outlining the legal frameworks governing nationality in Chile
and Colombia. While both countries upheld the principle of jus soli (the right to nationality
by birth in the territory), she highlighted how exceptions, particularly for children born to
parents deemed “in transit” or without legal domicile, posed serious risks of statelessness for
children of undocumented migrants and refugees.
31.
Ms. Rodríguez detailed the context in Chile, where, in line with an administrative
circular issued in 1995, “in transit” had been broadly interpreted to include all undocumented
migrants and asylum-seekers, regardless of their time in the country. That had led to
thousands of children being recorded as “children of transit foreigners” and being denied
Chilean nationality. While some might have been eligible for the nationality of their parents,
GE.25-10379
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