Issue 1 – Gender Discrimination in the Nationality Law affecting child’s right to a Nationality 38. Omani women face gender discrimination in relation to the transmission of Omani nationality to their children. Omani women married to non-Omani men may only transmit their nationality to their children under strict conditions and in extremely rare circumstances. The law lacks adequate safeguards in the Nationality Law to ensure conferral of citizenship on children who would otherwise be stateless. 39. Gender-discriminatory nationality laws are based on stereotypes, such as the idea that a child “belongs” to a father rather than a mother, that citizenship “naturally” derives from the father, and that a woman “follows” her spouse. Gender discrimination in Oman’s nationality law further undermines women’s ability to freely choose a spouse and threatens family unity, due to women’s inability to confer nationality on spouses and children on the same basis as men. Gender discrimination in Oman’s Nationality Law fundamentally undermines women’s status as equal citizens and equality within the family. 40. Pursuant to the Nationality Law, the male line in paternity is the primary source for nationality by birth in Oman. A child of an Omani father (born in Oman or abroad) is Omani.24 If a child (born in Oman or abroad) has an Omani mother and a father who was Omani but became stateless, the child is still deemed to be an Omani national.25 41. If the child's mother is a foreigner, and the father was Omani but became stateless, the child, whether born in Oman or abroad, is only an Omani if the mixed-nationality marriage of the parents was previously approved by the Ministry.26 However, there is no equivalent provision where the child's father is a foreigner and the mother was Omani but became stateless. 42. If the child, born in Oman or abroad has an Omani mother but not an Omani father (or not a father who used to be an Omani national but became stateless), the child is considered to be Omani by birth only if the paternity was not confirmed.27 A person shall also be deemed to be an Omani national if they are born in Oman to unknown parents28. 43. A minor born to an Omani mother and a foreign father may be granted Omani nationality only if the eight strict conditions set out in Article 18 of the Nationality Law are met, including that the Omani mother shall be widowed, divorced or abandoned by the foreign husband to an unknown destination for at least 10 continuous years (the abandonment being supported by a legal judgment), and the minor must have been resident in Oman for at least ten legitimate continuous years.29 In order to demonstrate these requirements, a copy of the minor's valid residence visa in Oman and a copy of the death certificate, divorce or court ruling issued in the absence of the foreign father, or his abandonment of the wife must be attached with the application for Omani nationality.30 Another requirement not stated in the Nationality Law but included in the list of documents set out in the Executive Regulations, is that the Omani mother 24 Nationality Law, Article 11(1). Article 11(2). 26 Nationality Law, Article 11(3). 27 Nationality Law, Article 11(4). 28 Nationality Law, Article 11(5) 29 Nationality Law, Article 18. 30 Executive Regulations, Articles 19 (1) and (5). 25 Nationality Law, 8