that those African States that have legal provisions that discriminate on any of these
grounds should review them and replace them with non-discriminatory provisions.
Nationality and the gender of the parent
95. In the context of nationality, the most common ground for discrimination relates
to the gender of the parent. Over the past two decades, many African countries
have amended their laws to remove discrimination in the rights of men and women to
transmit their nationality to a child, and the Committee urges those countries that still
retain such provisions to do the same.38
Such reforms should also remove
discrimination based on the birth of a child in or out of wedlock (which is usually
incorporated within provisions that discriminate on the basis of the gender of a
parent, where a father would transmit nationality to a child born in wedlock, and a
mother if the child is born out of wedlock).
Nationality and foundlings and abandoned children
96. The Committee of Experts emphasizes the importance of provisions ensuring
that children found abandoned in the territory of a State Party (foundlings) acquire
the nationality of that State. Such provisions are important to ensure that children
abandoned by their parents, or whose parents have died, or who are separated from
their parents in case of war or natural disaster, also acquire a nationality. The
Committee notes that a number of African nationality laws do not include such
provisions, and that in other cases they apply only to infants; it also commends those
States that have adopted laws providing for nationality to be conferred under such
provisions to much older children. The Committee urges States to, at a minimum,
grant nationality to all such children found abandoned, including those who (at the
date they were found) were not yet able to communicate accurately information
pertaining to the identity of their parents or their place of birth.
38
Revised Background Note on Gender Equality, Nationality Laws and Statelessness, UNHCR, 8 March 2013
http://www.refworld.org/docid/4f59bdd92.html
35