V.
BACKGROUND PAPER OHCHR
The legal status for stateless persons in the Middle East and North Africa
This summary distils the preliminary conclusions resulting from a longer legal review of
legislative texts relevant to statelessness in Lebanon, Syria, Bahrain, Kuwait the United Arab
Emirates and Egypt. It aims to shed light on the level of their compatibility with international
conventions and treaties relating to reduction or prevention of statelessness and the human
rights of stateless persons.
This paper has been drafted at the initiative of OHCHR, to inform discussions during the
regional expert meeting on statelessness convened jointly by UNHCR and OHCHR (18-19
February 2010, Amman). The research was conducted by Jean Akl, Attorney at Law and
consultant with OHCHR. The views expressed are those of the author only and do not
necessarily reflect the views of UNHCR or OHCHR.
The study was not designed to be academic but rather policy-oriented, aiming to provide an
understanding of the manner in which national legislators have dealt with the stateless
populations in their respective countries. The longer study, still in progress, additionally
aims to identify gaps in local laws, and to facilitate a pragmatic assessment of the legal
environment within which future strategies and approaches to the reduction and prevention of
statelessness and the enjoyment of fundamental human rights by stateless persons.
According to the 1954 Convention relating to the Status of Stateless Persons, a stateless
individual is “a person who is not considered as a national by any state under the operation of
its law “. UNHCR refers to two types of stateless: de jure statelessness, i.e. those who are
not legally recognized as citizens in their country of residence or elsewhere and thus have no
legal link to a state, and de facto stateless, or those who have legal claims for nationality but
because of circumstances such as lack of documentation, proof, or loss of legal link, have in
fact no effective link to their original state of nationality.
Nationality is acquired by birth in a country (Jus Soli), birth to a national of a country (Jus
Sanguinis) or through naturalization through periods of residency, marriage or other criteria,
such as doing service to a nation, in accordance with national laws.
Causes of statelessness differ and include being born to stateless parents, problems relating to
state succession, failure to adequately apply for a nationality, laws that do not allow passing
of nationality women if the father is not a national, being a refugee who loses an effective
link with the country of origin, being of an internationally non-recognized state, renunciation
of citizenship without the acquisition of another, difference between nationality laws, and
others.
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