has been forcibly separated from his family, or cannot fulfill onerous documentation or other
requirements; or (v) where a father has been unwilling to fulfill administrative steps to confer
his nationality or acquire proof of nationality for his children, for example if he has abandoned
the family. Ensuring gender equality in nationality laws thus helps to mitigate the risks of
statelessness. It is against this background that UNHCR promotes gender equality in nationality
laws as part of its mandate to prevent and reduce statelessness.
The COVID-19 pandemic has underscored the urgency of removing gender discrimination from
nationality laws. To try to control the spread of the virus, many States have restricted entry to
their territories to citizens only, and this has led to cases of family separation linked to this kind
of discrimination in nationality laws, as well as other unnecessary negative consequences.4
Law reform to date
There is a growing willingness and commitment by States to take action to achieve gender
equality in nationality laws. In many instances, discriminatory elements of nationality laws were
‘inherited’ by new States shortly after gaining independence from former colonial powers. In
some cases, these nationality laws have not been reviewed since. In recent years, reform has
been undertaken in countries as diverse as Sri Lanka (2003), Egypt (2004), Algeria (2005),
Indonesia (2006), Iraq (partial reform in 2006), Morocco (2007), Bangladesh (2009), Kenya
(2010), Tunisia (remaining gaps addressed in 2010), Yemen (2010), Monaco (2005, 2011),
Senegal (2013), Suriname (2014), Madagascar (2017), Sierra Leone (2006, 2017), the United Arab
Emirates (partial reforms in 2011 and 2017) and Iran (partial reform in 2019). In many cases, the
relevant law reform simply extended to women the right to confer nationality on their children.
Indeed, although nationality laws can be complex, reforms to incorporate gender equality can
often be achieved through relatively simple changes to the formulation of relevant provisions.
This can be seen in the example of Kenya’s constitutional reform in 2010. Under the prior
Kenyan Constitution of 1969, Kenyan mothers and fathers could confer Kenyan nationality on
their children born in Kenya on an equal basis, but only Kenyan fathers could confer nationality
on children born abroad. The 2010 Constitution of Kenya addressed this, using the following
formulation: A person is a citizen by birth if on the day of the person’s birth, whether or not the
person is born in Kenya, either the mother or father of the person is a citizen.
4
UNHCR, The Impact of COVID-19 on Stateless Populations: Policy Recommendations and Good Practices, May 2020,
available at: https://www.refworld.org/docid/5eb2a72f4.html
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