male line, although Kuwaiti nationality can be acquired by a foundling born in Kuwait and
may also be granted by decree to an adult male born in or outside Kuwait to a Kuwaiti
mother whose father is unknown or whose kinship to his father has not been legally
established.25 Similarly, in Burundi, nationality can only be passed on by a Burundian father.
An illegitimate child can only acquire Burundian nationality through his or her Burundian
mother, if paternity cannot be established either by voluntary or judicial means.26 This
means that children may be left stateless if their father is stateless, if he cannot confer
nationality under the nationality law of his State or is unable or refuses to take the necessary
administrative steps with the authorities of his country on behalf of his children (e.g. he
abandons his family or dies). In some countries, marriage may also constitute a ground
for the automatic loss of citizenship: Iranian women lose their nationality when they marry
a foreign national.27 Although these practices may be presented as legal technicalities,
they in fact constitute a clear form of gender discrimination.28
23. The fourth and numerically most prominent cause of statelessness, certainly at the global
level, is related to the denial or withdrawal of citizenship on discriminatory grounds.
Discriminated minorities that are arbitrarily deprived of their citizenship at some point
in their lives, or have never received it, abound. The approximately 800,000 Rohingya
in Myanmar constitute an example of how explicit a denial of citizenship can be. The
Rohingya do not appear on a list of 135 “national races” and are therefore by law classified
as “Myanmar residents” as opposed to nationals. “Resident” is not a legal status at all
and no rights can be derived from this status.29
2.2 Consequences of statelessness
24. Statelessness costs people dearly; this may become apparent soon after birth. Authorities
may refuse to issue a birth certificate to a child whose parents cannot prove that they
hold the nationality of their country of residence. Without such a birth certificate, the child
in question is much more likely to experience trouble acquiring a nationality (or a host of
other rights) in the future. Stateless people may experience similar hindrances in obtaining
personal identification documentation. Considering that stateless people are often at
increased risk of discrimination and abuse by the authorities, not being able to present an
identity document may increase the incentive to shun participation in society altogether.
While access to the labour market is either difficult or barred completely, stateless people
can often not access national services such as public education or healthcare either. The
right to own or inherit property may be restricted or denied. Similarly, it can be virtually
impossible to start a business due to the inability to enter into contracts, obtain licences
25
ee Nationality Law [Kuwait], 1959 (and subsequently amendments), available at: http://www.
S
unhcr.org/refworld/docid/3ae6b4ef1c.html, Articles 2 and 3. In the latter scenario, the Minister may
afford such children the same treatment as that afforded to Kuwaiti nationals until they reach their
majority.
26
Loi 1/013 du 18 juillet 2000 portant reforme du code de la nationalité [Burundi], 1/013, 18 July 2000,
available at: http://www.unhcr.org/refworld/docid/452d01c94.html, Articles 2 and 3.
27
qual Rights Trust, “Unraveling Anomaly: Detention, Discrimination and the Protection Needs of
E
Stateless Persons”, 58.
28
or more information on specifically gender-related problems facing stateless women and girls, see
F
UNHCR, UNHCR Handbook for the Protection of Women and Girls, (January 2008).
29
qual Rights Trust, “Unraveling Anomaly: Detention, Discrimination and the Protection Needs of
E
Stateless Persons”, 61. See also, UNHCR, Regional Expert Roundtable on Good Practices for the
Identification, Prevention and Reduction of Statelessness and the Protection of Stateless Persons in
South East Asia, 2 March 2011, available at: http://www.unhcr.org/refworld/docid/4d6e09932.html
[accessed 23 September 2011].
in the Netherlands
11