CChapter 3: Comparative analysis of nationality laws
the question of full Palestinian statehood and the
implementation of a Palestinian nationality law, the
non-naturalisation of Palestinians is an interesting
phenomenon which can sometimes contribute to
hardship for persons of Palestinian origin who would
otherwise have qualified for nationality – including
families who have lived for generations in other parts
of the region.
The exclusion of Palestinians from naturalisation
procedures – and other modes of acquisition of
nationality – is most evident in the practice of MENA
states. Currently, only Iraq explicitly disqualifies
Palestinians from naturalisation in its nationality law:
“Iraqi nationality shall not be granted to
Palestinians as a guarantee to their right to return
to their homeland”.143
In the same vein, however, the opportunity to
naturalise has generally not been extended to
Palestinians in other MENA states either. Nor, despite
their statelessness, have they benefited from relevant
safeguards that aim to prevent the perpetuation
of statelessness – in particular, those present in the
laws of Lebanon and Syria which should allow an
otherwise stateless child born in the country to acquire
143 - Article 6(2), Iraqi Nationality Law No. 26, 2006.
107
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