Nationality and Cases of Statelessness in the Middle East and North Africa
1961 Statelessness Convention – i.e. invoke generally
permissible grounds for deprivation – tend to also
extend the powers of deprivation of the state beyond
what the convention permits. Although the 1961
Statelessness Convention recognises that a person
who acquires nationality through naturalisation but
subsequently resides for an extended period abroad
may be deprived of his or her nationality, even if
statelessness results, the minimum duration of the
absence from the state which can be set is seven
years. In Egypt, by comparison, nationality acquired
by naturalisation may be withdrawn after just two
years of absence, if no acceptable reason is given
for this absence. Moreover, it should be noted that
the 1961 Statelessness Convention and broader
human rights law both call for due process and the
right to an effective remedy where a decision is taken
to deprive a person of their nationality. The right to
appeal is especially important if statelessness results
from such a decision – yet only six MENA countries
provide for this in their laws.166 Overall, in view of the
widespread international recognition and regional
reaffirmation of the right to a nationality, it is surprising
and highly regrettable just how lacking MENA’s laws
are in safeguards that would protect a person from
166 - See further section 4.2 of this report.
124
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