The nationality law of Qatar does not permit Qatari mothers to confer their nationality on their
children, without exception, even if this would result in statelessness. However, Qatari law gives
the children of Qatari mothers priority for naturalization, but only after living in Qatar for more
than 25 years. The practical application of this provision is unclear. In contrast, Qatari fathers
can confer nationality on their children born in Qatar or abroad.
Under the nationality law of Saudi Arabia, a Saudi mother can confer her nationality on her
child born either in or outside the country if the father is unknown or stateless. In addition,
children born in Saudi Arabia to a Saudi mother and a foreign father may apply for naturalization
within one year of reaching the age of majority, provided they meet several conditions: they
must be permanent residents in the country, have no convictions or imprisonment exceeding
six months, and be fluent in Arabic. In contrast, children of Saudi fathers automatically acquire
Saudi nationality at birth, regardless of the child’s birthplace.
In Syria, the nationality law allows Syrian mothers to confer nationality on their children only
if the child is born in Syria and the father does not establish legal filiation with the child (i.e.
because he is unknown, or paternity has not been established). By contrast, Syrian fathers
confer nationality on their children regardless of the birthplace of the child.
The nationality law of the United Arab Emirates (UAE) only allows Emirati mothers to confer
nationality on their children in limited circumstances. Children born in the UAE or abroad to
an Emirati mother who is married to a foreigner may apply for Emirati nationality when they
reach the age of six. A child born in the UAE or abroad to an Emirati mother and a father whose
nationality is unknown, is stateless, or who has not established filiation can acquire Emirati
nationality. In contrast, children born to an Emirati father, whether in the UAE or abroad, acquire
Emirati nationality at birth.
Under the nationality law of Yemen, mothers who acquired nationality through naturalization
cannot confer nationality on their children. In contrast, a naturalized father can confer nationality
provided that the children are residing with him in Yemen.
Africa
Three African States – Burundi, Sudan, and Togo – have enshrined the principle of gender
equality in recent constitutions but have yet to reform the relevant provisions of their
nationality laws.7 In principle, constitutional provisions prevail over the nationality law of each
7
The discrepancies between constitutional and nationality law provisions in the Gambia, Lesotho and Zimbabwe are
not included in this list as it is clear that in these countries the provisions of their respective constitutions prevail. In the Gambia,
the chapter on citizenship in the Constitution, which is the law applied for nationality matters, has addressed the discrimination
related to transmission of nationality to children born abroad contained in the Citizenship Act. In Lesotho, discrimination with
respect to women’s ability to confer nationality on children present in Part II of the Citizenship Act was repealed by Article 166
of the Constitution. In Zimbabwe, the Constitution contradicts the discriminatory provisions contained in the Citizenship Act,
and in cases where inconsistencies were challenged in court the Constitution prevailed. However, these citizenship acts should
still be amended in order to be aligned with the gender equal provisions of each constitution.
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