Nationality Law Framework 25. The Brunei Nationality Act 196124 provides the primary legal framework for the acquisition, confirmation and loss of Bruneian nationality. It contains discriminatory provisions on the basis of both race and gender. 26. To acquire Brunei Darussalam citizenship by operation of law, various criteria must be met, depending on whether the person is born in or outside of Brunei Darussalam and whether they were born before, on or after 1 January 1962. 27. Such criteria can include that the person: I. II. III. is “commonly accepted as belonging” to one of seven "indigenous groups of the Malay race” (this includes the Belait, Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong), has a father who is a Brunei Darussalam citizen, or has a father who was born in Brunei Darussalam and is “commonly accepted as belonging” to one of seven "indigenous groups of the Malay race” 28. Additionally, a person born either outside or inside Brunei Darussalam, irrespective of when the person was born, is a citizen by operation of law if: - both their father and mother were born in Brunei Darussalam and “were members of groups specified in the First Schedule” of the Brunei Nationality Act 1961 (this includes 15 additional groups to those listed as seven of the "indigenous groups of the Malay race”). 29. All other persons, irrespective of their links to Brunei Darussalam and regardless of whether their mother alone is a citizen, must apply for citizenship by registration or naturalisation. It must be noted that there are a number of populations in Brunei Darussalam that do not fall within the seven "indigenous groups of the Malay race” or “members of groups specified in the First Schedule” of the Brunei Nationality Act 1961. Such populations include, amongst others, the indigenous Iban population and the ethnic Chinese. Brunei Darussalam’s Gender Discriminatory Nationality Laws and Related Statelessness Risks 30. As detailed above, the Brunei Nationality Act 1961 does not allow female citizens to confer nationality on their children on an equal basis as male citizens.25 Specifically, citizenship is automatically conferred only to children born to male citizens.26 However, children born to a married female citizen and male non-citizen must complete a registration process to confirm the child’s citizenship.27 24 Brunei Nationality Act (Cap. 15) (No. 4 of 1961) (Brunei Darussalam) <http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap015.pdf>. 25 OHCHR, Background Note on Gender Equality, Nationality Laws and Statelessness 2018 (8 March 2018) Refworld, 10 <http://www.refworld.org/country,,,,BRN,,5aa10fd94,0.html>. 26 Brunei Nationality Act (Cap. 15) (No. 4 of 1961) (Brunei Darussalam) art 4 <http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap015.pdf>. 27 Brunei Nationality Act (Cap. 15) (No. 4 of 1961) (Brunei Darussalam) art 6 <http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap015.pdf>. 5