A third approach to the reduction of statelessness that can be identified in the MENA region
is the adoption of legal reform to close gaps that may create statelessness, with retroactive
effect. Recent examples of this practice can be found in Egypt, Morocco, Algeria and Iraq. In
these countries, the nationality law has been reformed to allow women to transmit their
citizenship to their children and provision has been made for the retroactive application of the
amendment. A fourth reduction strategy is promoting increased social, economic or legal
integration – for instance by conferring a residence status or improved access to certain
facilities to stateless persons. While such measures clearly stop short of conferring
citizenship, they do take a step towards the increased inclusion of a stateless population and
may help to build a foundation for acquisition of nationality in the future.
Each state’s nationality law may also provide avenues for the individual resolution of
statelessness, in particular through naturalisation procedures. The prospects for naturalisation
vary greatly from one MENA state to another, with some countries maintaining highly
restrictive policies. The eligibility criteria that must be met before a person can submit an
application may be discriminatory or include very stringent requirements such as a lengthy
period of residence which can be especially difficult for stateless persons to meet. Tunisia,
Morocco, Mauritania, Libya, Syria and Jordan provide more amenable conditions for
naturalisation in this regard – requiring periods of 4 or 5 years residence.
Naturalisation criteria are not the only measure of access to citizenship. There may be
additional hurdles to overcome such as a pre-set maximum quota of naturalisations for a
given period or the conferral of broad discretion to decision-making authorities in deciding
applications. With a wider margin of discretion, the propensity for arbitrary refusal of an
application increases and the availability of a review procedure gains importance. It is
therefore encouraging to see nationality laws refer jurisdiction to an administrative or judicial
body to oversee the correct interpretation and implementation of provisions concerning
citizenship. The new Iraqi nationality law, for instance, provides the administrative courts the
authority to review decisions on the application of the law and introduces the possibility of
appeal before the Federal Court. Such factors must also be weighed in to an assessment of
the prospects for reduction of statelessness through naturalisation.
Statelessness as a concern for individuals and states
Statelessness can have a detrimental impact on individuals, communities, states and even
inter-state relations. An understanding of the effects of statelessness can help to motivate a
response and give content to that response. Taking measures to identify, prevent and reduce
statelessness, as well as to protect stateless persons, is not only vital to ensure the individual
enjoyment of rights but also reflects MENA states’ existing international obligations and
national constitutions. Thus, at a time when several MENA countries have taken steps to
improve the situation of stateless persons, close gaps in the law that may lead to statelessness
and even provide for the acquisition of nationality by stateless persons – efforts which have
been met with praise and support from the international community – states that choose to
follow this lead will be demonstrating their own dedication to key international and
27