Nationality and Cases of Statelessness in the Middle East and North Africa
Kuwaiti nationality.134 Moreover, an applicant for
naturalisation in Kuwait must also render a service or
hold a qualification which is needed in the country,
further restricting the circle of individuals who may
be eligible.135 Comparable conditions can be found
elsewhere. Yemen requires that an applicant for
naturalisation be either Arab or Muslim,136 showing
how the country’s conception of its own identity has
put its stamp on nationality policy. It should be noted
that such criteria which preclude people of other
ethnicities or religions from being able to naturalise sit
at odds with international law, in particular article 5(diii)
of the International Convention on the Elimination of
All Forms of Racial Discrimination and the jus cogens
norm which prohibits racial discrimination. Syria, on
the other hand, shares Kuwait’s requirement that a
person can only naturalise if they hold experience
or qualifications that benefit the country137 – a more
utilitarian view of naturalisation policy. In Libya,
among the many naturalisation conditions set are
an age-limit (the applicant must be under 50 years
old) and the catch-all of “any other conditions
deemed relevant to the public interest”,138 which
gives the authorities free reign in restricting access
134 135 136 137 138 -
Article 4(3) and 4(5), Kuwait Nationality Law, 1959.
Ibid, article 4(4).
Article (5), Yemen Nationality Law No. 7, 1990.
Article 4(e), Syria Nationality Law No. 276, 1969.
Article 9(6) and 9(7), Law Number 24 on the Libyan Nationality, 2010.
102
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