Nationality and Cases of Statelessness in the Middle East and North Africa Far less of a problem in the MENA region today is direct discrimination on the grounds of ethnicity within countries’ nationality policy. Only one state, Yemen, explicitly requires that an applicant for naturalisation be either Muslim or Arab – excluding anyone who does not satisfy one or other of these demands.172 Although there is much contention over whether there is such a thing as an Arab ethnicity, the retention of this condition in addition to requirements relating to the level of proficiency in the Arabic language,173 suggest that it should not be equated with mere linguistic affinity. As such, there is a risk that in the application of this standard, the division is drawn along (perceived) ethnic or tribal lines. It can be questioned whether this is in accordance with international law, including the Convention on the Elimination of All Forms of Racial Discrimination. Similar questions may be raised with regard to the nationality laws of Bahrain and Kuwait, which facilitate naturalisation for people who are Arab, over others (again, without further defining the term Arab and while clearly establishing a separate criterion of Arabic language proficiency). Elsewhere, facilitated naturalisation for those with a close cultural affiliation to the country – which can be recognised as a legitimate ground for preferential treatment – is organised through the privileging of people who 172 - Article 5, Yemen Nationality Law No. 7, 1990. 173 - Ibid, article 5(5). 132