CChapter 3: Comparative analysis of nationality laws
naturalised nationality than there are provisions that
extend to people who acquired nationality by birth.
Secondly, none of MENA’s nationality laws include a
safeguard to prevent a person from being rendered
stateless through the loss or deprivation of nationality.
This is a serious concern and here the region’s
nationality laws fall far short of the standards set by
international law with regard to the avoidance of
statelessness – in particular the 1961 Convention on the
Reduction of Statelessness, ratified in the MENA region
by Libya and Tunisia. There many more circumstances
in which a state can withdraw a person’s nationality
and render them stateless than those exceptionally
tolerated under the 1961 Statelessness Convention.165
For instance, this convention does not allow for the
deprivation of nationality in response to a serious nonpolitical crime if this would result in statelessness, while
11 MENA countries have legislated for this possibility
– including, notably, Tunisia, which is a state party.
Moreover, those provisions of MENA’s nationality laws
which are basically aligned with the clauses of the
165 - Under the terms of the 1961 Convention on the Reduction of
Statelessness, loss or deprivation of nationality can only result in statelessness
in the following circumstances: a naturalised person subsequently takes up
residence abroad for more than 7 years; a national born abroad who is not
present in the state upon attaining majority or a person has acquired nationality
by fraud or misrepresentation. In addition, a state can, upon accession to the
1961 Statelessness Convention, retain the right to deprive a person of nationality,
including to render them stateless, in the following circumstances: where he or
she has committed specific acts inconsistent with a duty of loyalty or has made
an oathor formal declaration of allegiance to another State.
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