Nationality and Cases of Statelessness in the Middle East and North Africa
definitively, the exact birthplace in many cases –
crucial facts of the child’s birth which are needed to
determine his or her nationality are unclear. Unless this
is dealt with through a specific clause in the state’s
nationality law, the child will remain stateless. Thus,
since as early as 1930, international instruments have
provided explicitly for the acquisition of nationality by
foundlings.127 The Covenant on the Rights of the Child
in Islam echoes other international treaties in explicitly
asserting that “the child of unknown descent […] shall
have the right to a nationality”.128
The general rule prescribed by international law
and transposed into domestic nationality legislation
is that any child of unknown parents shall acquire
the nationality of the country of birth. Where a
foundling’s place of birth is not established, he or
she shall be presumed to have been born in the
territory of the state (i.e. unless there is evidence to
the contrary). Here, the countries of the MENA region
present a strong and united front: all have included
the prescribed protection against statelessness for
foundlings within their nationality law.129 For this,
MENA states are to be commended, although it
127 - See article 14 of the 1930 Hague Convention on Certain Questions
Relating to the Conflict of Nationality Laws and, later, article 2 of the 1961
Convention on the Reduction of Statelessness.
128 - Article 7 of the Covenant on the Rights of the Child in Islam.
129 - See table 3.
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