‘Legal Identity for All’ and Statelessness
The dimension of citizenship thus cannot be ignored while still respecting the
SDG objective to ‘leave no one behind’. 98
THE DANGERS OF SHORT CUTS: POPULATION REGISTRATION AND THE
CREATION OF STATELESSNESS
The countries where new identity registers are expected to be of the greatest
benefit to the economy, to the state and to individuals, are those where the highest
percentage of the population is currently unregistered. The process of enrolling
those with no pre-existing official documents into a national population register
that records legal status in the country requires a multitude of individual decisions
about that status, whether a person is a citizen or not; and if not a citizen, whether
they have another status entitling them to remain in the country. But there are
many millions of people in the world whose citizenship status is simply not clear:
a smaller number than those without identity documents (for many of whom
citizenship will be uncontroversial), but still a very substantial figure. Among
them, those facing discrimination of various kinds may well be stateless — but
this would only become apparent as requirements to acquire and produce
documents become more pervasive.
Where new systems are adopted without considering the underlying legal and
policy frameworks on nationality and family relations there are risks of generating
new forms of exclusion. Indeed, the creation of new population registers has
always been a danger point for the creation of stateless populations. In Lebanon,
Syria, and the Gulf States, the descendants of those who were not included in the
population registries created at independence remain stateless today, even though
their ancestors should have been entitled to nationality under the law. 99 Similar
problems arose when new registers were established in the successor states of the
former Yugoslavia and Soviet Union. 100 More recently, a campaign group
representing black Mauritanians, Touche pas à ma nationalité, accused the
Mauritanian government of ‘biometric genocide’ in its implementation of a new
identity card system coupled with amendments to the nationality code in 2010. 101
In the Dominican Republic, support for new identity systems was instrumentalised
as part of a drive to remove recognition of Dominican nationality from those of
98
Alan Gelb and Bronwen Manby, ‘Has Development Converged with Human Rights?
Implications for the Legal Identity SDG’, CDG Policy Blogs (Blog Post, Center for Global
Development, 3 November 2016) <https://www.cgdev.org/blog/has-developmentconverged-human-rights-implications-legal-identity-sdg>; Gelb and Diofasi Metz (n 9) 42.
99 Rania Maktabi, ‘The Lebanese Census of 1932 Revisited. Who Are the Lebanese?’ (1999)
26(2) British Journal of Middle Eastern Studies 219; Zahra Albarazi, The Stateless Syrians
(Report, Tilburg University Statelessness Programme May 2013); Zahra Albarazi, Regional
Report on Citizenship: The Middle East and North Africa (GLOBALCIT Comparative Report
No 2017/03, European University Institute Robert Schuman Centre for Advanced Studies
November 2017); Claire Beaugrand, Stateless in the Gulf: Migration, Nationality and Society
in Kuwait (IB Tauris 2017).
100 Annelies Lottmann, ‘No Direction Home: Nationalism and Statelessness in the Baltics’
(2008) 43(3) Texas International Law Journal 503; Report on Statelessness in South Eastern
Europe (Report, UNHCR September, 2011); Marjorie Farquharson, Statelessness in Central
Asia (Report, UNHCR May 2011).
101 Zekeria Ould Ahmed Salem, ‘“Touche pas à ma nationalité”: enrôlement biométrique et
controverses sur l’identification en Mauritanie’ (2018) 152(4) Politique africaine 77;
Bronwen Manby, Citizenship in Africa: The Law of Belonging (Hart Publishing 2018) ch 7.6.
265
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