Gender discriminatory laws violate Sudan’s international obligations
9. Despite Sudan’s international obligations, it is one of 27 countries around the world that
continues to discriminate against women in their ability to confer their nationality on their
children on an equal basis with men.1 Gender discrimination in nationality laws
contravenes Article 9(2) of the CEDAW and can lead to statelessness when fathers are
stateless or also unable to confer their nationality on their children.
10. Sudan is also one of over 60 countries that denies women equal rights with men to
acquire, change or retain their nationality, and to confer nationality on their non-national
spouses, in contravention of Article 9(1) of CEDAW.
11. While Sudan is not party to CEDAW, gender discrimination in its citizenship law
undermines the child’s right to a nationality and can result in statelessness of children
whose mothers have faced discrimination. Thus, the prevailing legal framework in Sudan
falls short of its obligations under Article’s 7 and 8 CRC. Article 7 CRC obligates the state
to register the child immediately after birth and bestows on the child the right, from birth,
to a name and nationality. States are obligated to implement these rights, “in particular
where the child would otherwise be stateless.” Article 8 CRC obligates states to respect
the child’s right to an identity “including nationality, name and family relations”.
12. The Sudanese Nationality Act of 1994 states that children can only acquire citizenship
from their Sudanese mothers through an application process to acquire Sudanese
citizenship by descent, whereas all children of Sudanese fathers acquire Sudanese
citizenship automatically. The Nationality Certificate Regulations of 2005 specify that to
apply for citizenship, a Sudanese mother must provide the consent of the child's father
and marriage certificate, if the father is still alive and married to the mother, or the Court
order granting the mother custody of the child where the relationship is not ongoing, and
the death certificate of the father where the father has died. The Nationality Act also
grants Sudanese men the right to confer their nationality on foreign spouses, while
denying Sudanese women this right.
13. While the Constitution of Sudan states that “every person born to a Sudanese mother or
father shall have an inalienable right to enjoy Sudanese nationality and citizenship,”
administrative authorities generally apply the more specific and practice-oriented
Nationality Act, which discriminates against women.
1
UN High Commissioner for Refugees (UNHCR), Background Note on Gender Equality, Nationality Laws and
Statelessness 2015, 6 March 2015, available at: http://www.refworld.org/docid/54f8369b4.html.