Regional Report on Citizenship: The Middle East and North Africa (MENA)
legitimate etc38 – alongside other endemic problems, such as sexual violence which has led to
children being born in precarious situations without legal links to their often unknown fathers.39
Syria provides a clear and worrying example of how these conflicts and huge
displacements, coupled with discriminatory laws and procedures, are leading to nationality
issues. Two relevant problems concern the discriminatory nationality laws and access to civil
registration. For the former, mass displacement creates situations in which it often cannot be
established who the father of a child is, i.e. the marriage may never have been registered or the
documents were lost, the fathers are unknown or their whereabouts are unknown, etc. Where
there is no legal or physical proof as to who a child’s father is, the child may have no
nationality, as a Syrian mother cannot her nationality to her child. Additionally, various factors
impede access to birth registration in host countries as well as in Syria – often due to procedural
complications and costs – therefore many children are being born with no proof as to where they
were born or who their parents are, the two factors on the basis of which they might be able to
access nationality in the future.40
2.6. Conclusion
The above analysis is not an exhaustive account of what has shaped nationality legislation and
policy in the Middle East and North Africa. However, it highlights some of the most significant
developments in the last century that have affected this area of law and state-building. To start
with, after the colonial carving-up of the region, newly independent states struggled to define
their national identity and with it to determine who are their nationals. There have been several
impactful events in the region that have prompted states to reconsider their approach to the
regulation of nationality and these have led to its instrumentalisation in some contexts. The
establishment of Israel and displacement of Palestinians, the temporary flirtation with a panArabic ideology and the recent turmoil that has engulfed the region have all had their bearing on
how those in power have defined who is in and who is out. The overall picture is of a region
with significantly flawed nationality laws, where reactionary practices have regularly placed the
nationality of undesirable groups under threat.
38
For more discussion on some of the issues regarding civil registration and documentation procedures in non-state
controlled areas of Syria for example see IRC, Identify Me: The Documentation Crisis in Northern Syria, 2016,
access at https://www.rescue-uk.org/report/identify-me-documentation-crisis-northern-syria
39
See Lees, S, Born of the Islamic State, Addressing Discrimination in Nationality Provisions through a Rule of
Law Framework, ISI Working Paper Series, 2016.08 access at http://www.institutesi.org/WP2016_08.pdf
40
For an in-depth look at the nationality issues arising because of the Syrian conflict see ISI, NRC, Understanding
Statelessness in the Syria Refugee Context, 2016, access at http://www.syrianationality.org/pdf/report.pdf
RSCAS/GLOBALCIT-Comp. 2017/3- © 2017 Author(s)
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents