Nationality and Cases of Statelessness in the Middle East and North Africa
statelessness is adim aljinsiya.16 It is also the wording
used in, for example, article 7(2) of the Covenant
on the Rights of the Child in Islam. This translates to
“lacking nationality” and is a literal description of
what statelessness is, rather than a stand-alone
legal concept that is uniformly utilised across the
Arab world. As such, this phrase can be traced in
nationality legislation in the MENA region – such as in
article 8 of the Tunisian nationality law which grants
nationality to a person born in the country whose
parents are adim aljinsiya. Nevertheless, it is not very
common in domestic law. Instead, the predominant
translation for statelessness in nationality laws in the
region is la jinsiya laho, which is similarly a description
of the phenomenon as opposed to a distinct legal
term: it simply means “does not have a nationality”.
This can be found, for instance, in article 3(4) of the
Jordanian nationality law which provides for conferral
of nationality from a Jordanian mother to her child if
the child’s father is la jinsiya laho and in article 3(c)
of the Syrian nationality law which grants nationality
16 - See, for instance, UN Committee on the Rights of the Child, List of
issues in response to the second periodic report of Kuwait, CRC/C/KWT/Q/2,
10 May 2013, available at: http://www2.ohchr.org/english/bodies/crc/docs/
AdvanceVersions/CRC-C-KWT-Q-2_ar.doc; UN Report, The Excluded, 2007,
available at: http://www.un.org/arabic/events/tenstories/2007/theexcluded.
shtml; Frontiers Ruwad, Invisible citizens. A legal study of statelessness in Lebanon,
2009, available at: http://www.frontiersruwad.org/pdf/FR_Stateless_BOOK_
Arabic_2010.pdf.
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