Nationality and Cases of Statelessness in the Middle East and North Africa
since many of these nationality act have remained
in force since the emergence of the state, albeit
commonly subject to various amendments over time.
Before looking at the substance of these rules, it is
important to consider why they may be of interest.
The definition of modern states’ original body of
nationals is an act that necessarily took place in the
past, yet the repercussions of a particular approach
to this question can be felt for many years or even
generations. This is true of some MENA countries where
the manner in which the original body of nationals
was identified led, in parallel, to the emergence of the
phenomenon of statelessness within the their borders.
Some of these situations have yet to be fully resolved
and instead statelessness has become protracted,
with the problem even growing to encompass new
generations, as will be seen below.
A common method of demarcation of a state’s
original body of nationals is on the basis of residence.
Thus, people who are residing on the state’s territory
when its first autonomous nationality law enters into
force – or at another moment that is considered
critical in the formation of the state – are bestowed
nationality. However, in many cases, the ‘coincidence’
of residence on a particular date is not, in itself,
sufficient for the acquisition of nationality. In practice,
a prolonged period of residence may be required,
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