nationality law also provides for gender equality in the transfer of nationality from parent to
child. The new Algerian law is the best example of efforts to bring legislation into
compliance with international standards because it also grants Algerian women the right to
transmit nationality to their spouse on the same terms as Algerian men. This provides a
further avenue for preventing and reducing statelessness. More limited steps, but nonetheless
reflecting efforts to avoid statelessness have been taken in Yemen and Saudi Arabia. Both
countries recently introduced measures to allow children to acquire nationality from their
citizen mothers in certain limited circumstances, going some way to improving safeguards
against statelessness.
Statelessness and migration
Problems relating to nationality and statelessness have surfaced in the context of numerous
migratory movements involving MENA countries. There are the Bedouin whose nomadic
way of life impeded their access to citizenship during the period of state formation, leaving
some stateless. Children born within both nomadic communities also find themselves at
heightened risk of statelessness, because birth registration rates are generally understood to
be much lower within such communities. Birth registration is essential for ensuring every
child’s right to acquire a nationality because it documents place of birth and parental
affiliation, thereby proving a child’s entitlement to the nationality of a state by either jus soli
or jus sanguinis, under the applicable law. Thus, lower rates of birth registration lead to an
increased risk of statelessness.
Just as birth registration coverage tends to be poorer within nomadic communities, so too are
registration rates for children born within migrant or displaced populations – of which there
are many in the region – thereby underlining the need to take further steps to ensure that such
families can access birth registration through both the host state and through embassies. In
Morocco for instance, UNHCR is working with local partner Organisation Marocaine des
Droits Humains to help children born within refugee communities acquire birth certificates in
order to reduce their exposure to statelessness. At the same time, the continued adherence of
many MENA countries to the principle of perpetual allegiance, whereby nationality can be
transmitted jus sanguinis even between successive generations born outside the territory of
the state, is helping to avoid statelessness among children born to migrant parents from
MENA countries.
Displacement or migration may also accompany or follow statelessness, as illustrated by the
movement of Bidoon from Kuwait to Iraq, the emigration of stateless Kurds from Syria, the
arrival of stateless Rohingya in Saudi Arabia and the arrival of stateless refugees in various
MENA states. As a consequence, countries become directly confronted with the problem of
statelessness, even if they have safeguards in place to avoid the creation of statelessness
within their own jurisdiction. Measures to ensure the protection of stateless persons must
therefore be considered. Furthermore, where states have hosted displaced persons who are
stateless, nationality considerations are critical in finding an appropriate solution to their
situation. For instance, in order to facilitate the repatriation of those denationalised and exiled
from Mauritania as well as stateless (Feili) Kurds from Iraq, measures have been put in place
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