Country Analysis
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Across the Middle East and North Africa, married women are denied their right to nationality if their husbands are non-nationals. Article 9 of CEDAW explicitly holds state signatories responsible for granting women equal rights with men to acquire, change or retain their nationality as well as the right of women to pass their nationality on to their children and husbands. Although all of the countries discussed here have signed this convention, none of them have fulfilled their promises to grant full citizenship to women and to respect their rights as outlined in the treaty. Instead, all signatory Arab states have expressed reservations on this provision of the Convention. In addition, local nationality laws in these states are unconstitutional in that they contradict the provision of equality between all citizens at all levels in each of their respective constitutions.
Most Arab women who marry foreigners are unaware of the legal implications as knowledge of citizenship and nationality rights is lacking in the region. In many parts of the world, and now in the Middle East/ North Africa region, citizenship is emerging as the central point for protest and resistance by NGOs against deprivation and social exclusion.
IMPACT OF THE DISCRIMINATORY LAWS ON WOMEN
At first glance, a woman’s right to transmit her nationality to her children might appear inconsequential when compared to other pillars of Arab feminists’ struggle such as revising the personal status laws or the penal codes.
This situation also has serious implications for the children of such marriages because they grow up facing difficulties in accessing essential government resources such as education, welfare and health services. When they reach adulthood they may also face the prospect of being deported or denied which means most will not leave their natal country for fear of these repercussions. Marriage options will also be limited.
An analysis of evidence from qualitative research conducted by campaigning partners in six Middle Eastern countries (Egypt, Syria, Morocco, Jordan, Lebanon, and Yemen) shows that women, particularly those from economically disadvantaged sections of society who lack formal education and who are affected by discriminatory nationality laws almost always feel rejected by their extended families and by society as a whole. Their problems are further acerbated if their foreign husband dies, flees, the couple divorces or has domestic disagreements. In all cases a husband’s absence renders the children with no effective nationality but growing up in a country to which they may feel they belong by fact of birth but where they do not enjoy full citizenship rights and are treated like foreigners throughout their lives.
Without the right to full citizenship women do not enjoy equal political participation with men, nor do they have the right to the protection of the state and to economic guarantees.
Efforts of NGOs and activists in the Nationality Campaign
In the Middle Eastern region, CRTD.A estimate there are now number of NGOs and informal women’s and men’s activists groups raising awareness and championing women’s rights to equal nationality. For a full list of these organizations contact us or see annex I.
Grassroots organizations in the Arab World have exerted immense efforts to pressure Arab state signatories of CEDAW to fulfill their promise of granting women the right to full citizenship.
While the amendments put forward in each of the above examples signify important shifts in policy, they do not yet grant women the same citizenship rights as men. In addition, they remain symbolic first steps unless they materialize into functioning enforced laws.
Countries Analysis:
Countries’ constitution and laws - Commitment and Reservations to International Treaties -Impact of the discriminatory laws on women – case studies –
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