Unit 1 [core unit]
An introduction to nationality and statelessness around
the world
Summary
In this unit, students will start to think
about nationality and statelessness
by first exploring their preconceptions
of and personal experience with
these two concepts. Two questions
guide the introduction to the topic
of statelessness: Where does your
nationality come from? And what does
it mean to you? The discussion of
these questions forms the backdrop
for a presentation of the doctrines
for the attribution of nationality, some
basic causes of statelessness and the
impact of statelessness on individuals
and communities. Thus, students
discover how a link with a State
through birth, parentage or residence
can be translated into nationality
through laws based on jus soli, jus
sanguinis and jus domicilii. Through
simple examples, students learn to
appreciate how the existence of these
different doctrines, side by side, may
lead to cases of statelessness as well
as dual nationality. Students consider
what the possible advantages and
disadvantages of dual nationality may
be, based on their perception of the
role of nationality.
This is followed by a look at some
of the major existing situations of
statelessness worldwide in order
to reveal the overall scale and
consequences of statelessness.
Students discuss the impact
Learning objectives
the links between a person and a State that can
•formIdentify
the basis for the attribution of nationality.
•
Recognise how a conflict of nationality laws could lead to
statelessness as well as to cases of dual nationality.
of statelessness on individuals
and communities, including the
psychological effects, the barriers it
creates for the enjoyment of different
rights and benefits and the broader
impact on societal cohesion. The
notion of human security is introduced
and students consider how the
detrimental effect of statelessness
could be discussed in terms of
human security. Finally, students also
discuss the importance of limiting
statelessness, from the perspective
of States and the international
community, such as for the purpose
of combating forced displacement,
potential national security problems
and international instability.
Discuss some of the benefits of nationality and
•appreciate
the difficulties stateless persons may face.
•
Explain why individuals, States and the international
community have an interest in addressing statelessness.
•
Describe the scale of statelessness worldwide and
identify a number of significant stateless populations.
Readings and information sources
Key readings
Sokoloff, Denial of Citizenship: A challenge to human security, prepared for the Advisory Board on Human Security,
* C.
February 2005.
http://ochaonline.un.org/OchaLinkClick.aspx?link=ocha&docId=1087378
Leclerc, R. Colville, “In the Shadows” in Refugees Magazine, No. 147, Issue 3, 2007.
* P.
http://www.unhcr.org/46d2e8dc2.html
van Waas, Nationality Matters. Statelessness under International Law, chapter III, section 1 on “The attribution of
* L.
nationality: doctrines and competences”, Intersentia, 2008.
Lynch, Statelessness: International blind spot linked to global concerns, Refugees International, 2 September 2009.
* M.
http://www.refugeesinternational.org/sites/default/files/090209_stateless_0.pdf
20 A Guide to Teaching on Statelessness