tilburg law review 19 (2014) 98-107
brill.com/tilr
Stateless Indigenous People(s)
The Right to a Nationality, Including Their Own
Willem van Genugten
Professor of International Law, Tilburg University and North-West University
South-Africa (extraordinary chair)
W.J.M.vanGenugten@tilburguniversity.edu
Anna Meijknecht
Assistant Professor, International Law, Tilburg University
A.K.Meijknecht@tilburguniversity.edu
Bas Rombouts
Teacher, Department of Labour Law and Social Policy, Tilburg University
S.J.Rombouts@tilburguniversity.edu
Abstract
According to the 2007 UN Declaration on the Right of Indigenous Peoples, every indigenous individual has the right to a nationality. The present paper focuses
on the right to a nationality as a ‘gateway’ to the recognition of a plurality of
other rights. Doing so, two issues are given special attention: 1) the lack of adequate
birth registration and the consequences of this ‘false start’ for other rights, such as,
again, the right to a nationality. 2) The recognition of indigenous identity papers: while
regularly Indigenous Peoples do not want to establish an independent sovereign State,
many of them strive for the recognition of their own Indigenous identity papers. The
paper discusses some of the advantages and consequences thereof.
Keywords
nationality – birth registration – indigenous identity papers
© koninklijke brill nv, leiden, 2014 | doi 10.1163/22112596-01902028