Nationality and Cases of Statelessness in the Middle East and North Africa
define it, thereby implicitly deferring the question of
definition to the 1954 Convention. The International
Law Commission of the United Nations has also
described the definition found in the 1954 Convention
as customary international law,7 implying that it is to
be upheld by all states regardless of whether they
are a state party to this treaty or not. This means that
in assessing the problem of statelessness in countries
in the MENA region – even where they have not
acceded to the 1954 Convention, as many have not
– this definition forms the basis for such an assessment
and is to be interpreted in light of the guidelines
which have been developed for that purpose by
the Office of the United Nations High Commissioner
for Refugees (UNHCR), the UN agency formally
mandated by the General Assembly to assist states
to address statelessness.8
In determining whether a given person is stateless,
it is important to consider both the content and the
operation of relevant nationality law(s) – i.e. not just
whether a person would appear to be a national
in accordance with the letter of the law but also
whether the person is considered as such by the
7 - International Law Commission, Articles on Diplomatic Protection with
commentaries, 2006.
8 - Now collectively available as UNHCR, Handbook on Protection of Stateless
Persons, 2014.
16
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