BACKGROUND NOTE ON GENDER EQUALITY, NATIONALITY LAWS AND STATELESSNESS 2018 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 can 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. 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 previous 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), Zimbabwe (2009), Kenya (2010), Tunisia (remaining gaps addressed in 2010), Yemen (2010), Monaco (2005, 2011), Senegal (2013), Suriname (2014), Madagascar (2017), and Sierra Leone (2006, 2017). 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. At the Ministerial meeting convened by UNHCR in December 2011 to commemorate the respective 60th and 50th anniversaries of the 1951 Convention Relating to the Status of Refugees and the 1961 Convention on the Reduction of Statelessness, the Governments of Liberia and Senegal pledged to address inequality in nationality matters through law reform. Senegal amended its nationality law in 2013, thereby implementing its pledge. The amended law sets out in clear terms that: a direct descendant of a Senegalese national is Senegalese. UNHCR | 8 March 2018 3

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents