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. 96

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