Nationality and Cases of Statelessness in the Middle East and North Africa
difficult process of restoring their citizenship.190 Such
complaints are rejected by governmental officials
who state that the capacity of the government
is so limited, that it cannot search for evidence on
behalf of those who want to obtain citizenship. A
Yemeni judge had also interpreted the burden of
the proof on the applicant with reference to an
Islamic principle “the proof falls on the shoulder of the
claimant”.191 The government of Yemen, however,
made some legislative reforms over the last decade
to facilitate the acquisition of the Yemeni nationality
via amending nationality legislation of 1990.192 This has
been seen as a good step forward and it is expected
to be followed by further legislative reforms in the
upcoming constitutional reform in Yemen, which was
expected by 2014.193 It is important to keep in mind
that successfully safeguarding the enjoyment of a
nationality and the avoidance of statelessness can
be achieved through substantive reform but can
also be facilitated through a review of procedural
questions relating to nationality.
190 - A group discussion with some refugees, lawyers and stateless persons
held on 24th of September 2012.
191 - Justice Jamal Alhubaishi, Focus Group Discussion on stateless persons
held on 24th of September 2012
192 - Yemen passed three amendments to its nationality law between 2003
and 2010 to facilitate acquisition of Yemeni nationality.
193 - An interview with Mr. Anis Abdalla Alaqraby, Saba News Agency,
conducted on the 2nd of July 2012.
144
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