Statelessness & Citizenship Review
2021
3(1)
long-term residence may also be de jure stateless. These acts also constitute an
arbitrary deprivation of nationality. 30
6
Other Situations
Nomads, 31 cultural stereotypes — such as gender issues, 32 changes to state
borders, 33 trafficking, 34 or the non-recognition of states by the international
community (emerging or contested statehood) may all lead to de jure
statelessness. 35
30
31
32
33
34
35
Anudo Ochieng Anudo v United Republic of Tanzania (African Court on Human and Peoples’
Rights, App No 012/2015, 22 March 2018). Slivenko v Latvia (2003) X Eur Court HR 229
[96] (‘Slivenko’); Dominicans and Haitians Expelled (n 29) [381]–[389].
For example, Nomadic Bedouins or Bidoons (‘those without status’) in the Middle East and
West and North Africa. See Regional Expert Meeting on the Human Rights of Stateless
Persons in the Middle East and North Africa (Report, UNHCR and OHCRH 18–19 February
2010) 24, 31. See also Heather Alexander, ‘Nomads and the Struggle for a Legal Identity’
(2020) 2(2) Statelessness & Citizenship Review 338, 339. Also, the Roma population in
Europe. See Roma Access to Personal Documentation in the Western Balkans (Report,
European Union and UNDP 2018); Ending Childhood Statelessness in Europe (Advocacy
Brief,
UNICEF
and
UNHCR
January
2019)
2,
4
<https://www.unhcr.org/5c63e7864.pdf?query=Statelessness>; Birth Registration and the
Prevention of Statelessness in Europe: Identifying Good Practices and Remaining Barriers
(Thematic Briefing, Statelessness Index, May 2020) 9.
For example, women cannot pass nationality to their children because of an express
prohibition in some laws. Similar deprivation can occur if the child is born out of wedlock or
if the father is unknown, has passed away or is stateless. As a result, children and subsequent
generations can be stateless. Such discriminatory laws based on gender are identified in
Kuwait, Lebanon, Iran, Qatar, Somalia and Eswatini: Background Note on Gender Equality,
Nationality Laws and Statelessness (Background Note, UNHCR 2019) 6. Another example is
that in Syria, women and men could not get married if they profess different religions and,
therefore, could not register the birth of their children: Legislative Decree No 59 of 1953
‘Personal Status Law’, art 48(2) (Syrian Arab Republic); Concluding Observations on the
Fifth Periodic Report of the Syrian Arab Republic, UN Doc CRC/C/SYR/CO/5 (6 March
2019) [24](d).
For example, state succession, including South Sudan in 2011 and the 15 European countries
that emerged from the former Soviet Union after 1991. Also, international judgment orders
occasionally change the borders of states in international disputes over land or sea borders,
such as in the International Court of Justice case, Frontier Dispute (Burkina Faso v Niger)
[2013] ICJ Rep 44.
See Human Rights Committee, Views Adopted by the Committee under Article 5(4) if the
Optional Protocol, Concerning Communication No 2918/2016, UN Doc
CCPR/C/130/D/2918/2016 (28 December 2020) (‘DZ v The Netherlands’).
Several states and the United Nations do not recognise the statehood of Palestine or Western
Sahara (the Saharawi living in the exile in Algeria). These statehood issues also have an
impact on statelessness. For example, on the lack of diplomatic missions in different states
(consulates), gaps in their nationality laws or a lack of clear data to identify the stateless
population. Concerning the contested statehood of these countries, see Status of Palestine in
the United Nations, UN Doc A/RES/67/19 (4 December 2012); Resolution 2548 (2020), UN
Doc S/RES/2548 (30 October 2020):
Reaffirming its commitment to assist the parties to achieve a just, lasting, and mutually
acceptable political solution, based on compromise, which will provide for the selfdetermination of the people of Western Sahara in the context of arrangements consistent with
the principles and purposes of the Charter of the United Nations, and noting the role and
responsibilities of the parties in this respect.
Reiterating its call upon Morocco, the Frente Polisario, Algeria and Mauritania to cooperate
more fully with each other, including through building additional trust, and with the United
Nations, as well as to strengthen their involvement in the political process and to achieve
progress towards a political solution.
68