Zahra Albarazi
Despite the disparities, there are many requirements that recur in most naturalisation
procedures. All states expect the applicant to have some knowledge of the national language.
However, the level of required fluency in the language differs from country to country. For
example, Jordan and Egypt require the applicant to be fluent in Arabic, whilst others such as
Mauritania and Syria only state that a sufficient knowledge of Arabic is needed, and in Israel the
applicant needs to have ‘some’ knowledge of Hebrew. Some laws stipulate specific standards
for the social behaviour of the applicant. This is often expressed in the need to not have a
criminal record or to be of ‘good character’ or – as in the case of Saudi Arabia – to have a note
from local leaders that would certify an individual’s good character. Having a sufficient income
or employment to sustain oneself is also a frequent requirement, where in Bahrain this is even
expressed as a requirement to own real estate. In Syria, a person can only naturalise if they have
experience or qualifications that benefit the country51 and in Kuwait the applicant must also
render a service or hold a qualification which is needed in the country.52
MENA nationality laws discriminate not only against women. Another frequent criterion
found in naturalisation requirements across the region is that an individual should be mentally,
and sometimes also physically, fit. Some legislation discriminates thus against the mentally
and/or physically disabled. In Syria for example it states that anyone who has “any diseases or
disabilities’ is excluded from naturalisation 53, but the majority of these situations can be found
in North African states. In Tunisia no-one in a “physical state making them a burden or danger
to the community”,54 can naturalise. A similar criterion is found in Mauritania, but there this
restriction goes even further. If a person who has successfully naturalised is subsequently found
within a year “to be physically or mentally disabled”, her or his nationality can be withdrawn,
even if this renders the individual stateless.55
In Kuwait, naturalisation requirements can be based on religious grounds as applicants
must be Muslim in order to naturalise and non-Muslims will not be able to apply.56 The same
exclusion exists in Yemen, where the criteria requires that an applicant for naturalisation must
be either Arab or Muslim.57 Age discrimination is found in Libya, where the applicant has to be
under 50 years according to section 9 of the law.
Facilitated naturalisation for certain ethnic or religious groups is a common feature of
MENA nationality laws. As discussed above, many countries offer facilitated naturalisation – in
most cases through shorter residency requirements – for individuals who are Arab or who are
from Arab countries. In several countries, including Egypt, Saudi Arabia and Yemen, facilitated
access is provided to individuals who were born in their country.
There are also several nationality laws in the region that have more ‘exceptional’ criteria
for obtaining a nationality. In many of the gulf countries, such as Qatar58, individuals may be
granted nationality by the Emir’s decision even if they do not fulfil any of the criteria. This
51
Legislative Decree 276, 1969, Article 4(e).
Kuwait Nationality Law 1959, Article 4(4). Kuwait’s requirement is that a person can only naturalise if they hold
experience or qualifications that benefit the country,52 suggesting a more utilitarian view of naturalisation policy.
53
Legislative Decree 276, 1969, Article 4(c).
54
Code de la nationalite Tunisienne, 2011, Article 23(4).
55
Loi portant code de la nationalité mauritanienne, 1961, Articles 19(1) and 14.
56
Kuwait Nationality Law 1959,Article 4(3) and 4(5).
57
Law No. 6 of 1990 on Yemeni Nationality, Article (5).
58
Article 11
52
14
RSCAS/GLOBALCIT-Comp. 2017/3- © 2017 Author(s)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents