rights in the country. This submission draws on the extensive work and research carried out by the co-submitting organizations. Gender Discrimination in Eswatini’s Nationality Law 3. Citizenship in Eswatini is governed by Chapter IV of the 2005 Constitution,6 and by the 1992 Citizenship Act7 (collectively, the "Nationality Law"). 4. Swazi women face gender discrimination in relation to the transmission of Swazi nationality to their children. The Constitution provides for gender equality in transmission of citizenship to children born before it came into effect but provides that only the father can transmit citizenship to children born after the Constitution came into force, (Art 43.1) unless the child of a Swazi woman was born outside of marriage and was not adopted or recognised by the father (Art 43.4). The Constitution also denies women the right to transmit citizenship to her noncitizen spouse, a right reserved for Swazi men (Art. 44 of the Constitution and Art. 8 of the Citizenship Act). This can impede the child’s right to know and be cared for by their noncitizen father. 5. Gender-discriminatory nationality laws are based on stereotypes, such as the idea that a child “belongs” to a father rather than a mother, and that citizenship “naturally” derives from the father. Gender discrimination in Eswatini’s Nationality Law fundamentally undermines women’s status as equal citizens and equality within the family, with detrimental impact on girls and boys who are harmed by the persistence of state-sanctioned gender stereotypes. 6. A number of other laws are also relevant to the right to a nationality, including the 1983 Birth, Marriage and Death Registration Act, and the 2012 Children Protection and Welfare Act. Swazi women do have an equal right with men to register births and access birth and marriage certificates for themselves and their children. However, while unmarried women can register children in their own right, problems arise if the woman wishes to register the child in the father’s name, which would require him to be present for the registration. Unmarried men may not register a child on their own in the absence of the mother, or a relative with legal authority to assist with the registration. Unmarried men’s inability to register the child reflects discrimination on the basis of gender and marital status, contrary to international law in its own right, and also potentially contributing to statelessness. Married women and men do not face this issue. 7. When it comes to the right to a nationality for Orphaned and Vulnerable Children (OVC), Article 46 of the 2005 Constitution and Article 16 of the 1992 Citizenship Act stipulate that a child born after the death of the father shall be deemed to be a citizen under this Chapter on the same conditions as if the father were alive when that child was born. Children born to Swazi mothers and foreign fathers are at risk of statelessness, especially if the (deceased) foreign father cannot confer his nationality. 6 The Constitution of the Kingdom of Swaziland Act 2005. Available at: https://www.wipo.int/edocs/lexdocs/laws/en/sz/sz010en.pdf Swaziland Citizenship Act, 1992 [Eswatini], Act 14/1992, 1 December 1992, available at: https://www.refworld.org/docid/4c5696752.html [accessed 22 March 2021] 7