ADDRESSING STATELESSNESS THROUGH THE RULE OF LAW
be found in the nationality laws of more
than 80 countries around the world. It
is estimated that more than 75% of the
world’s known stateless populations
belong to ethnic, religious, or linguistic
minority groups.8 Sex discrimination
in nationality laws is another major
cause of statelessness. Currently,
24 countries retain nationality laws
that deny women the right to confer
citizenship on their children on an
equal basis with men, which can result
in statelessness where, for example,
the father is stateless, unknown,
or unwilling or unable to take the
administrative steps needed to confer
his nationality.9
Gaps in legislation that can lead to
statelessness include the failure
to include critical safeguards in
nationality laws to prevent childhood
statelessness, for example to ensure
that children found abandoned on
the territory of a State acquire the
nationality of that State where the
parents are unknown. In the context of
State succession, entire populations
can find themselves stateless if, for
example, a territory is transferred
from one State to another, a new State
is formed from the territory of another,
or if two or more States form out of the
dissolution of another and nationality
laws of the emerging entities do not
recognise all persons residing on the
territory as nationals. An example
of administrative obstacles that can
put people at risk of statelessness
are costly or complex bureaucratic
procedures to acquire relevant
documentation to prove nationality,
which may be a particular problem
for children born outside the country
of nationality of their parents. Finally,
issues relating to lack of nationality
and birth documentation can lead to
statelessness due to difficulties in
proving relevant links to a State, for
example place of birth or parentage.
Consequences of
statelessness
The consequences of statelessness
can be severely debilitating. Stateless
persons often do not enjoy their human
rights, such as access to education,
healthcare, employment, property
ownership, freedom to marry, freedom
of movement and political participation
as well as basic services such as
opening a bank account and obtaining a
SIM card. They are also at a heightened
risk of abuse and exploitation,
arbitrary detention, and trafficking.
Statelessness can cause individuals
to face a lifetime of obstacles and
exclusion and prevents individuals’
full participation in society. This may
not only impact individuals affected by
statelessness but also society at large,
as intergenerational statelessness
can lead to alienated and marginalised
communities, exacerbating social
tensions and increasing the potential
for conflict. An example of this was
seen in Côte d’Ivoire, where nationality
and identity issues led to a divide
between Ivorians and non-Ivorians,
fuelling community tensions that
contributed to civil war.10 Statelessness
may also negatively impact a
society’s economy and development
process, as it is often accompanied by
unemployment and poverty. Stateless
persons are in many instances
excluded from formal employment
and economic opportunities and face
challenges in accessing education.11
This negatively impacts human
development and prevents individuals
from contributing to a country’s
economic growth and development. As
a result, stateless persons are some
of the most vulnerable people in the
world.
Box 1: Statelessness in Kenya and Lebanon
Recently conducted surveys in Kenya and Lebanon found stark quantifiable differences in the socio-economic
conditions in which stateless people live. In Kenya, a survey conducted in 2019 by UNHCR and the World Bank amongst
the then stateless Shona population, found that the rate of poverty amongst this community was 24% higher than in
the urban Kenyan population.13 A survey conducted in 2021 by UNHCR and Siren Associates in the Akkar region of
Lebanon found that 39% of stateless persons lacked formal education compared to 15% Lebanese nationals, 65% were
unemployed as compared to 54% Lebanese nationals, and the average monthly wage of those who are stateless being
as low as half of the minimum wage in the country or USD 19 per month.14
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