detained (in particular in immigration detention), by asking the authorities for
information regarding the grounds for detention of non- nationals. Peace processes, voter
registration exercises and refugee repatriation efforts may be further avenues for
identifying statelessness. Individual registration was also put forward as an identification
method and the opportunities presented by and limitations inherent in this approach were
discussed.
Participants discussed a number of ideas for further identification efforts in the region.
Those populations and situations about which relatively little is currently known – such
as the position of children of (irregular) migrants and the situation of persons in detention
– may be worthy research priorities that would bring a fresh understanding of the issue of
statelessness as it manifests itself in MENA countries. A call was made for the
examination of not only the concrete causes of statelessness for any individuals or groups
identified, but also the underlying reasons (historic, political, societal, financial, etc) for
the initial and ongoing exclusion of these persons. In addition, the importance of
establishing a detailed profile of affected populations was acknowledged, including by
identifying differences within these groups in terms of status, documentation,
background, protection concerns and other elements, in order to tailor an appropriate
response. Finally, participants recognised that greater effort must be made to share
methodologies for the identification of statelessness, with identification techniques from
within and outside the region brought together to generate a broad overview of potential
methodologies, from which a selection can be made according to the dynamics of the
particular country or situation under study.
3. Prevention and reduction of statelessness
Good practices, bad practices
In discussing the content and application of nationality laws in the region, participants
raised examples of good practices that help to prevent statelessness as well as practices
that can be a direct cause of statelessness. Since good practices can inform the content of
– and advocacy strategy for – reform in those countries which are lagging behind in terms
of safeguards against statelessness, experts also drew on their knowledge of situations
outside the MENA region. They raised, for instance, two examples of policies that
currently enjoy widespread recognition in Africa: the double jus soli rule (nationality
granted to the second generation born on state territory) and the policy of attributing
nationality jus soli to a child who was born on state soil and still resides there upon
attaining the age of majority. Another interesting practice that was extracted from the
African context – including Morocco and Algeria – is that of allowing individuals who
have resided in the country for a certain period of time and have always been treated as a
national to obtain official confirmation of their nationality without the need to furnish
further evidence (possession d’état de national). This means that problems relating to
proof of nationality can be avoided, even where individuals lack various forms of
documentation. On the other hand, the downside to such a policy may be the exclusion of
certain groups for political considerations, based on grounds such as colour, ethnicity or
religion. Several participants also made reference to the reversed argument to the
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