Zahra Albarazi
The right to a nationality in regional instruments relevant to MENA states
The following international conventions are widely ratified in the region. Several regional conventions
are also included, however regional enforcement mechanisms to accompany these instruments are
generally lacking. These conventions include important provisions regarding nationality law:
Covenant on the Rights of the Child in Islam (2005), Article 7:
A child shall, from birth, have the right to […] have his nationality determined.
[…] States Parties to the Covenant shall safeguard the elements of the child’s identity, including
[…] nationality […] in accordance with their domestic laws and shall make every effort to resolve the
issue of statelessness for any child born on their territories or to any of their citizens outside their
territory.
The child of unknown descent or who is legally assimilated to this status shall have the right to
[…] nationality.
Arab Charter on Human Rights (2004), Article 29:
1. Everyone has the right to nationality. No one shall be arbitrarily or unlawfully deprived of his
nationality.
2. States parties shall take such measures as they deem appropriate, in accordance with their
domestic laws on nationality, to allow a child to acquire the mother’s nationality, having due regard, in
all cases, to the best interests of the child.
3. No one shall be denied the right to acquire another nationality, having due regard for the
domestic legal procedures in his country.
Resolution of the Asian African Legal Consultative Organisation on “Legal identity and
statelessness” 2006
3: “Encourages the Member States to review nationality legislation with a view to reducing and
avoiding statelessness, consistent with fundamental principles of international law.”
African Charter on the Rights and Welfare of the Child (1990), Article 6:41
[…]
3. Every child has the right to acquire a nationality.
4. States Parties to the present Charter shall undertake to ensure that their Constitutional
legislation recognize the principles according to which a child shall acquire the nationality of the State in
the territory of which he has been born if, at the time of the child’s birth. he is not granted nationality by
any other State in accordance with its laws.
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See also the Resolution on the Right to Nationality, passed by the African Commission on Human and Peoples’
Rights in April 2013, available at: http://www.achpr.org/sessions/53rd/resolutions/234/
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RSCAS/GLOBALCIT-Comp. 2017/3- © 2017 Author(s)
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