ChChapter 2: Origins and influences of nationality law
such as in the United Arab Emirates. There, the
legislation adopted after independence from British
rule in 1971 establishes that the original body of UAE
nationals will be comprised of Arabs who maintained
their ordinary residence in one of the Emirates
since 1925 or before.66 In a similar vein, Yemeni law
constructed the country’s original body of nationals
from “those settled in Yemen who will have resided in
the territory for at least fifty calendar years by the time
this law enters into force”.67 In reality, demonstrating
proof of residence on a particular day or during a
particular timeframe may be cumbersome, especially
if documentary evidence is required that was not
readily available – or not equally available to all of
the state’s inhabitants – during the period in question.
This may lead to people not being recognised as
nationals by the state under the operation of its law,
even though on first sight they would seem to meet
the criteria for nationality. Where they do not enjoy a
connection to any other state – or cannot satisfy the
conditions for nationality elsewhere because they
were not residents at the crucial moment – this can
leave people stateless. The Lebanese experience
66 - Article 2. It is of interest to note that the law was amended on this point
just a few years after the original UAE nationality act was adopted in 1972.
Acknowledging that it was important to include the nomadic population of UAE
within the country’s citizenry, a slight modification was made to this provision in
1975, changing the phrase “continued to reside” to “continued to have ordinary
residence” to allow make allowances for the nomadic lifestyle.
67 - Article 2.
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