CChapter 3: Comparative analysis of nationality laws
3.4.2. Procedural questions
Having deconstructed and compared the substance
of MENA’s nationality laws, it is of interest to look at
some of the procedural features of this legislation.
Perhaps the most immediate procedural question is
to what extent a right of appeal is recognised where
an individual is negatively affected by a decision
relating to his or her nationality. For example, if the
state uses its powers of deprivation to strip someone
of their nationality, does the person in question have
the opportunity to challenge that decision? Access
to an effective remedy is of critical importance, as
evidenced by some of the jurisprudence emerging
in the region.180 Yet just six countries in the MENA
region guarantee a right to appeal against decisions
relating to the enjoyment of nationality: Algeria,
Egypt, Iraq, Lebanon, Morocco and Tunisia. It
should be noted that none of the GCC countries
are among those that permit such an appeal. As
such, there is no system of checks and balances in
these states that will help to prevent the authorities
from stepping beyond their powers or rendering a
decision arbitrarily. This is in spite of some examples
of provisions that appear to be geared towards
180 - See, for instance, the analysis of case law relating to nationality in
Lebanon in Frontiers Ruwad Association, Invisible Citizens: Humiliation and a life
in the shadows. A legal and policy study on statelessness in Lebanon, 2011.
137
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