ANNEX:
Relevant provisions of the Algerian, Moroccan and
Senegalese Nationality Codes pre- and post-reform
16171819
Reformed Legislative Provisions
Algeria
Previous Legislative Provisions
Date of Reform: 27 February 2005 (with retroactive effect)
Article 616
Article 617
A person is considered Algerian
if he/she is born to an Algerian
father or an Algerian mother.
The following are of Algerian nationality by descent:
(1) the child born to an Algerian father;
(2) the child born to an Algerian mother and unknown father;
(3) the child born to an Algerian mother and stateless father.
Article 7
The following are of Algerian nationality by birth in Algeria:
(2) the child born in Algeria to an Algerian mother and a foreign father who was born in Algeria,
unless the child renounces Algerian nationality within one year preceding his coming of age.
Article 9
Algerian nationality by birth and residence in Algeria:
Except when opposed by the Minister of Justice…the following acquires Algerian nationality
if, within 12 months preceding his coming of age, he declares his intention to obtain this
nationality and if, at the time of the declaration, he has his habitual and regular residence in
Algeria:
- A child born in Algeria of an Algerian mother and a foreign father himself born outside Algeria.
The silence of the Minister of Justice, after a delay of 12 months from the time of completion of
an application, indicates acquiescence.
Morocco D ate of Reform: 23 March 2007 (with retroactive effect)
Article 618
Article 619
Is Moroccan: a child born
to a Moroccan father or a
Moroccan mother.
Is Moroccan:
a. a child born to a Moroccan father;
b. a child born to a Moroccan mother and unknown father.
(The new provisions on the
allocation of Moroccan
nationality, under this article,
by the birth of a Moroccan
mother, are applied to all
persons born before the date
of publication of this Act)
Article 7
Is Moroccan:
a. a child born in Morocco to a Moroccan mother and a stateless father;
b. a child born in Morocco to unknown parents;
Article 7
Is Moroccan, a child born to
unknown parents in Morocco.
16
The text in this table represents an informal English translation. For the original French text, please see Ordonnance n° 05-01 du 18 Moharram 1426
correspondant au 27 février 2005 modifiant et complétant l’ordonnance n° 70-86 du 15 décembre 1970 portant code de la nationalité algérienne,
27 February 2005, available at: http://www.unhcr.org/refworld/docid/447aa6514.html
17
For the original French text, please see Ordonnance no. 70-86 du 15 décembre 1970 portant Code de la nationalité algérienne, 18 December 1970,
available at: http://www.unhcr.org/refworld/docid/3ae6b52c4.html
18
For the original French text, please see Maroc: Code de la nationalité marocaine (2011) [Morocco], Dahir n. 1-58-250 du 21 safar 1378, 6 September
1958, available at: http://www.refworld.org/docid/501fc9822.html
19
For the original French text, please see Maroc: Dahir n° 1-58-250 du 21 safar 1378 (6 septembre 1958) portant la Code de la nationalité marocaine
[Morocco], 6 September 1958, available at: http://www.refworld.org/docid/3ae6b5778.html
9
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS