The time is now: what progress on repealing discriminatory nationality laws?

In this blog I come back to the issue of discriminatory nationality laws as they affect women and their children, causing an increased risk of statelessness. I wrote previously about the impact of such laws in Nepal and Iran, although they are not the only states who still have discriminatory nationality laws.  There has been some progress recently in states amending discriminatory provisions to improve equality and to mitigate the impact of those provisions.  But, of course, there is still some way to go.  I look at progress in Nepal and Iran since last time and check in on others looking to make changes.

 

Extent of the problem globally

The last time I addressed this issue in a blog, in November 2019, there were 25 states with nationality laws still on their statute books which deny women the right to confer citizenship on their children on the same basis as male citizens.  The number of countries which restrict women’s ability to pass on their nationality to a non-citizen spouse stood at 50.  That number remained the same in 2020 ¹.

As UN Women explains:

“Gender discrimination in nationality laws undermines women’s equal citizenship and results in wide-ranging violations and hardships for affected families.” ²

Examples of hardships and violations resulting from discriminatory nationality laws include limited or no access to education, healthcare, employment, freedom of movement, inheritance and property rights ³.  Where women cannot pass on citizenship to their non-citizen husbands or to their children, the risk of statelessness is also increased.  Not to mention that such provisions breach international law, including article 9 of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).  Article 9 guarantees women equal rights with men to acquire, change, or retain their nationality and with respect to the nationality of their children.

 

Progress update on the repeal of discriminatory nationality laws

Nepal

Nepal had both discriminatory provisions in its nationality laws and administrative hurdles applicable only to women.  Under its nationality laws, Nepali women cannot pass on their citizenship to a foreign-born husband as easily as Nepali men can to their foreign-born wives.  In terms of women themselves acquiring citizenship, this is qualified by administrative requirements not applicable to men. To obtain Nepali citizenship, women need the attestation from a male family member, be it a father or husband, that she has permission to apply for citizenship.

When it comes to passing on Nepali citizenship to their children, some amendments were made to nationality laws following the 2015 Constitution, but they did not go far enough.  The amendments sought to allow Nepali women to pass on their citizenship to children of foreign fathers.  However, the remedy provided for Nepali children of a non-Nepali father was naturalisation, a form of citizenship rarely available or granted in Nepal ⁴.

Progress is again being made this year, with new legislation which allows for children to obtain citizenship by descent if their mothers were born in Nepal but whose fathers cannot be traced ⁵. This is welcome progress, but more can be done to ensure that Nepal’s laws and administrative rules contain no discriminatory provisions on the basis of gender.

 

Iran

Iran sought to redress discriminatory practices through an amendment to its nationality laws. I wrote in November 2019 about a proposed amendment to allow Iranian women married to a non-Iranian husband to request Iranian citizenship for a child under 18.

Before the proposed amendment, Iranian women could not pass on their nationality to their children, only Iranian fathers could. It is estimated that the amendment will impact more than 150 000 children. The proposed bill was approved by Iran’s parliament in October 2019.  The effect of the changes is already benefiting some children of Iranian mothers and foreign fathers who, in July 2021, were issued with Iranian ID cards.  Registration of children born abroad to Iranian mothers has also commenced ⁶.

As with Nepal, progress is incremental.  The amendment did not bring complete parity for Iranian women and their children.  It is granted automatically where citizenship flows from the father’s Iranian nationality.  Citizenship for the child on the basis of the mother’s nationality still needs to be requested.  In assessing the request, Iran’s Intelligence Ministry can still refuse to grant citizenship on the basis that the child is considered a ‘security problem’.

 

And, in slower time…

And what about progress elsewhere? The UN is prioritising the repeal of discriminatory nationality laws as part of its efforts to reduce both their inherent inequality and the heightened risk of statelessness which they engender.  For example, in 2018, UN Women launched the Equality in Law by 2030 initiative making the reform of discriminatory nationality laws a key priority for legal reform.

Commitment for reform was sought at the High-Level Segment on Statelessness in October 2019 with the number of states pledging to make changes encouraging ⁷.  For example, Benin had committed to amending the relevant provisions of its nationality code, by 2020.  Amnesty International called in January 2021 for changes to Beninese law ⁸, but it appears that the changes have yet to be made.  Liberia too has said it will ensure that provisions limiting the right of Liberian women married to foreign nationals to pass on their nationality to their children will be amended.  Eswatini has agreed to review its nationality laws for discriminatory provisions.

Legislative changes do take time and require political will.  Even with the Covid pandemic diverting attention to pressing health needs, it is hoped that we will start to see more and more states make repeal their discriminatory nationality provisions, as Nepal and Iran have been doing.