Article 1 of the 1954 Convention relating to the Status of Stateless Persons establishes
a legal definition for stateless persons:
1. For the purpose of this Convention, the term “stateless person” means a
person who is not considered as a national by any State under the operation
of its law.
The UAE has not ratified either this convention, which is the primary international
instrument on duties of countries to protect stateless people, nor the 1961 Convention
on the Reduction of Statelessness, which sets out responsibilities of countries to
prevent statelessness. However, the UAE’s non-ratification of these conventions does
not absolve it of the obligation to prevent statelessness, as it is a principle of customary
international law, as previously mentioned.
Moreover, the 2018 Arab Declaration on Belonging and Legal Identity issued by the
League of Arab States, urges “Member States to make every effort to reduce
statelessness in the context of the international obligations of Member States.”16
The importance of preventing statelessness in international law is justified by the
disastrous consequences it has on individuals. Indeed, effects of statelessness may
vary, but the lives of stateless persons can generally be characterised by exclusion
and difficulties in the enjoyment of a range of rights.17 The impact that statelessness
has on affected individuals can also have knock-on consequences for the families,
communities and states involved, with statelessness understood to be a root cause of
displacement and even conflict.18 It is therefore essential to have specific legislation
regarding loss or deprivation of citizenship where it can lead to statelessness.
However, despite the broad recognition of the need to prevent legislative and
administrative measures leading to statelessness, many domestic frameworks provide
incomplete safeguards against statelessness. In most cases, this occurs because the
legislation fails to distinguish the situation in which a person would be left stateless
from any other situation of loss or deprivation of nationality.19 States are therefore
requested to provide additional safeguards to prevent loss or deprivation of nationality
for individuals with a single nationality compared to individuals with dual or multiple
nationalities. Where such safeguards are present, individuals with multiple nationalities
are more vulnerable to loss or deprivation than those with a single nationality, yet the
League of Arab States, Arab Declaration on Belonging and Legal Identity, 28 February 2018,
https://www.refworld.org/legal/resolution/las/2018/en/120608 (accessed on 30 April 2024).
17
For instance, stateless populations in Kuwait, the UAE and Syria all display psychological problems
that have resulted from the general feeling of loss of opportunity and identity that accompanies their
situation. Among the concrete manifestations of such problems are isolation, depression, poor academic
performance,
drug
abuse,
petty
crime,
mental
disorders,
and
suicide
(see
https://www.refworld.org/reference/research/unhcr/2010/en/76679, p. 39).
16
UNHCR, The situation of stateless persons in the Middle East and North Africa, October 2010, p.5,
https://www.refworld.org/reference/research/unhcr/2010/en/76679 (accessed on 1 May 2024).
19
Human Rights Council 25th session, Human Rights and arbitrary deprivation of nationality: Report of
the
Secretary-General,
UN
Doc.
A/HRC/13/34,
14
December
2009,
para.
5,
https://www.ohchr.org/sites/default/files/HRBodies/HRC/RegularSessions/Session25/Documents/AHRC-25-28_en.doc (accessed on 30 April 2024).
18
7
Citizenship stripping in the UAE