Breaking the Presumption 3 Acts of the State Based on Structural Discrimination 26 When a constitution or law recognises a person’s right to nationality but the interpretation and application of these norms by authorities (including the judiciary) denies citizenship or ID to certain groups with specific characteristics, as well as to their subsequent generations, they are likely to be de jure stateless. 27 These acts result in the ‘arbitrary deprivation of nationality’, 28 rendering the person or group of persons stateless. 29 4 Silence Concerning Citizenship or Denial of Citizenship by Diplomatic Mission A person may hold an ID or passport, but a diplomatic mission denies its issuance or renewal. Moreover, diplomatic missions of the same state located in different countries may apply different criteria concerning laws on citizenship. 5 Deported Nationals Persons who may or may not have an ID and are deported from their country of nationality or deported from a country with which they maintain strong links or 26 27 28 29 There are systematic patterns of historical discrimination and domination against certain groups who are marginalised and subject to stereotypes (indigenous populations, tribes, afro descendants, women, persons with disabilities, LGBTQ+, migrants, refugees and stateless persons to name a few), facing inequalities either de jure or de facto from the state and general society. Paola Pelletier, Discriminación Estructural en la evolución de la Jurisprudencia de la Corte Interamericana de Derechos Humanos [Structural Discrimination in the Jurisprudential evolution of the Inter-American Court of Human Rights] (2014) 60(1) Revista Instituto Interamericano de Derechos Humanos 206, 206–7. If a person has their nationality ‘confirmed’ by the state, subsequent generations may be entitled to a right of nationality by jus sanguinis, however, they may face challenges if subsequent generations are not documented. ‘It was noted that unresolved situations of de facto statelessness, in particular over two or more generations, may lead to de jure statelessness’. Prato Conclusions (n 22) 8. See van Waas (n 23) 24, 25. See also Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary General, UN Doc A/HRC/25/28 (19 December 2013) (‘Human Rights and Arbitrary Deprivation of Nationality’); United Nations High Commissioner for Refugees, Guidelines on Statelessness No 5: Loss and Deprivation of Nationality under Articles 5–9 of the 1961 Convention on the Reduction of Statelessness, UN Doc HCR/GS/20/05 (May 2020) (‘Guidelines No 5’). For example, in situ stateless populations who also have been collectively deprived of citizenship are, Rohingyas in Myanmar; Kurds in Syria; Bidoons in Kuwait (Bidoun or Bidun), which means ‘without’ in Arabic; Muslim minorities in Assam (India); Dominicans of Haitian Descent in Dominican Republic. See José María Arraiza; Marina Arraiza Sharikova and Phu Zin Aye, ‘Statelessness Motivated by Nativism, Racism and Xenophobia: A Comparison of Myanmar, the Dominican Republic and India’ in The World’s Stateless — Deprivation of Nationality (Report, Institute of Statelessness and Inclusion 2020) 163, 163– 75; Case of Dominicans and Haitian People Expelled v Dominican Republic (Judgment) (Inter-American Court of Human Rights, Series C No 282, 28 August 2014) [232]–[233], [323] (‘Dominicans and Haitians Expelled’); Stateless in Syria: Country Position Paper (2009) 8, 13–15 <https://statelessjourneys.org/wp-content/uploads/StatelessJourneys-SyriaAugust-2019.pdf>; Syrian Citizenship Disappeared: How the 1962 Census Destroyed Stateless Kurds’ Lives and Identities (Report, Syrians for Truth and Justice 2018) <https://www.stj-sy.com/en/view/745>; Stateless in Kuwait (Country Position Paper, European Network on Statelessness and Institute of Statelessness and Inclusion 2019) 5–7 <https://statelessjourneys.org/wp-content/uploads/StatelessJourneys-Kuwait-FINAL.pdf>. 67