Nationality and Cases of Statelessness in the Middle East and North Africa
procedural problems. For instance, they may be
aware that a child born to a female national is entitled
to nationality if the child’s father is stateless, but not
know how to or have a procedure for establishing this
statelessness, such that this safeguard is not invoked.
The authorities can also be aware of the operation of
the law, but due to disinterest, discriminatory attitudes
or corrupt practices, the law is nevertheless applied
arbitrarily and decisions are taken which are at odds
with the letter of the law. Furthermore, the law may –
as described above – grant the authorities a certain
margin of discretion with regards to the interpretation
and application of its terms, which can also serve to
make state practice diverse and unpredictable.
In sum, given these and other potential stumbling
blocks, there can often be gaps between law and
practice. This may be to the benefit of people who
would otherwise be stateless – for instance where
provisions for loss of nationality, such as in the event of
long-term residence abroad, are ignored and those
who would be affected according to the letter of
the law actually continue to be treated as nationals.
Equally, state practice may aggravate problems of
statelessness where the law in question should provide
protection and guarantee the right to a nationality
but this is not what happens on the ground. While this
research was not comprehensive enough to offer a
full picture of state practice with regard to nationality
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