Algerian nationality law

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The Algerian nationality law was first enacted in March 1963 after Algeria had achieved independence from France in July 1962.

Religious restrictions[edit]

The law granted citizenship only to Muslims, requiring that only those individuals whose father and paternal grandfather had Muslim personal status could become citizens of the new state.[1] Before independence, Muslims had been considered indigenous under a special set of laws known as Code de l'indigénat and were not eligible to French citizenship and in practice had an inferior legal status, but Christian and Jewish inhabitants of Algeria during the French colonial period could acquire French citizenship.

A second nationality law was enacted in 1970 which removed references to religious status.[2]

Discrimination against women[edit]

However, the new law granted citizenship to children based on the existing nationality of the parents, resulting in the previous Muslim status of the parents being applicable to their offspring. The 1970 Nationality Code did not permitt women to pass nationality to their children unless the father was unknown or stateless. Only men had right to confer nationality to foreign spouses.

Algeria became a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1996, subject to a reservation to CEDAW Article 9(2). Following advocacy by women's rights organizations demanding equal nationality rights for women, a new Nationality Code was enacted on 27 February 2005.[3] Nationality by descent is now granted to a child whose father or mother is an Algerian national. The 2005 reforms grant women and men equal rights to pass nationality to their children and spouses. The revised Code is retroactive. As a result, individuals born to Algerian mothers and foreign fathers before the reform are also considered nationals. Algeria subsequently lifted its reservation to CEDAW Article 9(2) in 2009.

Naturalisation[edit]

Nationality by birth in the territory, rather than by descent, is not granted to children unless their parents are unknown (Article 7). Nationality by naturalisation is possible but the criteria are very vague and subject to ministerial discretion (Articles 10, 11 and 26).

Dual citizenship[edit]

Algeria permits dual citizenship. (Article 3)

References[edit]

  1. ^ Algerian Nationality Code, Law no. 63-69 of March 27, 1963, section 34
  2. ^ Law No. 1970-86, 15 December 1970, Nationality Law
  3. ^ UNHCR: Removing Gender Discrimination from Nationality Laws

Further reading[edit]