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Republic of South Africa
Gender Equality in Nationality and Birth Registration Laws
South Africa scores 5 out of 5 for gender equality in citizenship laws. Its constitution explicitly states that no discrimination on the basis of sex is allowed, and this is reflected in its gender-neutral Citizenship Act. South Africa’s birth registration laws are discriminatory as they apply to single fathers. The Constitutional Court declared this section 10 to be unconstitutional and struck it from the law. Unfortunately, this change in the law is not yet reflected in practice, and the law and its regulations have not been updated. Fathers are still facing problems registering their children and therefore passing nationality to their children.
The Kingdom of Eswatini
Gender Equality in Nationality and Birth Registration Laws
Eswatini scores a regrettable 2 out of 5 in this section in contrast with the other countries. This is due to its clear prohibition of the passing of nationality from a woman to her foreign spouse as well as the limitation of passing of nationality to a child through the father only. The two points scored is for the constitutional right not to be discriminated against based on gender, and the apparent gender neutrality in the constitution’s language on adoptive parents, using the word “parent” instead of “father.” The application of this section in practice needs clarification. On the upside, Eswatini, is in the process of adopting a new citizenship law which will address discrimination in transmission of nationality to children and spouses. If this law is passed, the Kingdom of Eswatini may well score a perfect score in this section, at least in legislation.
Zimbabwe
Gender Equality in Nationality and Birth Registration Laws
Zimbabwe scores 4 out of 5 for gender equality. Although it does not discriminate based on gender in its nationality laws, it does prevent fathers from registering the births of their children on an equal basis with women.
United Republic of Tanzania
Gender Equality in Nationality and Birth Registration Laws
Tanzania scores 2 out of 5 for gender equality in citizenship laws. Tanzania and Eswatini are the only two states left in the region with gender discrimination. Women cannot pass nationality to their spouses on an equal basis with men. The Constitution protects gender equality, but the laws are not in line.
Republic of Botswana
Gender Equality in Nationality and Birth Registration Laws
Botswana scores a score of 5 out of 5 for gender equality in its laws. In practice, unmarried fathers are not allowed to register children in the absence of the mother. A court case has been settled where such a father was allowed to register his child, but no policies or laws have been amended.
Republic of Angola
Gender Equality in Nationality and Birth Registration Laws
Angola scores 5 out of 5 for gender equality in citizenship laws. Its constitution explicitly states that no discrimination on the basis of sex is allowed, and this is reflected in its gender-neutral Citizenship Act. Responsibility for the registration of a child’s birth falls first on the father.
Madagascar
Gender Equality in Nationality and Birth Registration Laws
Madagascar scores 2 out of 5 for gender equality in citizenship laws. Its constitution explicitly protects the right to equality, and no discrimination on the basis of sex is allowed. The law previously did not allow women to pass nationality to their children on an equal basis with men. The law still contains discrimination in that a woman cannot pass nationality to her spouses on the same basis as men.