The Arab Declaration on “Belonging and Legal Identity” was first introduced in February 2018 under the auspices of the League of Arab States’ (LAS) to address the challenges faced by individuals affected by discriminatory nationality laws and/or statelessness.
The ninth item of the Declaration called for member states to work towards ending discrimination in nationality laws and take measures to amend laws and legislations related to equal nationality rights at the national level, with a view to giving women and men equal rights in granting nationality to children and spouses, acquiring, changing or retaining it, in alignment with international standards and not contrary to national interests.
The February 2018 Ministerial Meeting in Tunis which resulted in the introduction of the Declaration on “Belonging and Legal Identity,” was preceded by a 2017 conference at the LAS Secretariat in Cairo, which brought together government representatives and civil society leaders concerned with nationality rights in the Arab region, and was cosponsored by the Global Campaign for Equal Nationality Rights (GCENR), LAS and UNHCR. The statement that emerged after the October 2017 meeting in Cairo set the general framework for the Declaration and established the aspirations and expectations of civil society concerning the issue. It also addressed the concerns of Arab women affected by unequal citizenship and their inability to equally confer their nationality to their children.
Dr. Inas Makkawi, head of the Women, Family, and Childhood Department at the Arab League, described the conference as the first of its kind, paving the way for LAS member states to discuss and agree on women’s nationality rights.
The conference’s closing statement called on LAS member states to end discrimination in nationality and amend laws and policies, aiming to grant equal rights to women and men regarding nationality. Specifically, the statement mentioned updating the Arab Nationality Convention of 1954 and working to lift reservations to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) as necessary steps consistent with international standards and not contrary to national interests.
Cautious optimism
Dr. Wajeeha al-Baharna, Vice President of the Bahrain Women’s Association for Human Development, praised the 2017 conference as setting a precedent for the consultation of official bodies, civil society, and UN institutions on a sensitive topic. “We got optimistic,” Baharna told Muwatin. She noted the presence of official representatives from concerned countries contributed to a frank discussion of the issue. The ministerial meeting, on the other hand, had a more formal format, which did not include discussions with civil society.
While the declaration that was introduced was not binding, at least the countries supported it at that time, according to Baharna. However, officials did not discuss amending their nationality laws with the legislature upon returning to their country, which put them back to square one.
After the declaration was introduced, civil society’s efforts in Bahrain continued with visits to Members of Parliament, the Supreme Council for Women (SCW), and the National Institution for Human Rights (NIHR) to overcome a specific obstacle that had been discussed since 2004.
Baharna explained that the amendment of the Nationality Law is the obstacle hindering all efforts. While the broad title of meetings with official bodies is usually “we are with you; these are the daughters of the homeland,” the final outcome is unsatisfactory.
Baharna reflects on the origins of the regional campaign for nationality rights in the early 2000s, which was established in Beirut and involved seven countries. This was the first time that the issue had been raised in Bahrain, and since then, women affected by the law have begun to engage with civil society to bring attention to their situation.
The lack of binding power
Ms. Suad Abu Dayah, a Jordanian gender consultant, attended the ministerial meeting organized by LAS and UNHCR in February 2018, where the Arab Declaration on “Belonging and Legal Identity” was presented. She emphasized that the Arab League lacks the legal power to enforce the declaration or hold states accountable for discrimination against women and girls. She believes that radical changes are needed to improve the reality of Jordanian and mothers in the Arab states region, stating that it will take more than just a few amendments to the nationality laws in the Arab states region, but rather a revolution to change these laws. Abu Dayah also emphasized the need to review personal status laws, family laws, and criminal codes. She concluded that amending the laws depends on “the presence of government political will.”
Dr. Fatima Al-Houweil, a Kuwaiti human rights lawyer who attended the same ministerial meeting, agrees with Abu Dayah’s assessment. According to Al-Houweil, there were no obstacles behind the scenes of the Declaration during the ministerial meeting. Each Arab country present had official representatives, as well as representatives of civil society. Representatives of some countries present gave speeches about their current legal position on the rights of the children of female citizens. Al-Houweil noted that most of the countries that took speaking roles had recently amended their nationality laws to include the children of female citizens as entitled to obtain nationality.
Gender discrimination contributes to statelessness in several Arab countries.
Despite the positive spirit dominating the ministerial meeting, which ended with the unveiling of the Arab Declaration on “Belonging and Legal Identity”, no tangible result has yet been achieved.
The Long Road Ahead
According to a resource issued and updated by UNHCR annually, gender discrimination contributes to statelessness in several Arab countries. Women face the unequal ability to grant nationality to their children, increasing the risk of statelessness. In some countries, this risk of statelessness is quite severe.
In May 2021, LAS and UNHCR organized a regional meeting to approve a regional action plan on belonging and legal identity, which was established to promote action to realize the goals set forth in the Arab Declaration on Belonging and Legal Identity. Despite the Action Plan’s approval, it has yet to be implemented following its adoption by the Council of Arab interior ministers.
The issue is complex, and tackling it requires comprehensive reforms. It also requires political will by governments to amend these laws. Though progress is slow, small steps towards achieving gender equality and ending statelessness are being taken.
