Nationality and Cases of Statelessness in the Middle East and North Africa
3.1.2. Nationality by birthplace (jus soli)
The jus soli doctrine, the other major mechanism for
establishing nationality at birth whereby the child’s
place of birth is decisive, is less popular in the MENA
region. That a person’s connection will be strongest
with the state in which he or she is born and that this
should be acknowledged through the conferral of
nationality is a sentiment far more alive in other parts
of the world, especially the Americas. None of the
countries in the MENA has a blanket jus soli provision
which would grant nationality to everyone born on
the state’s territory.
Nevertheless, that such a territorial connection could
open up a pathway to nationality is recognised in
numerous clauses of MENA laws, in particular in the
form of so-called “double” (and even “triple”) jus soli
rules, as shown in Table 2. In seven countries in the
region, two or three successive generations of birth
on state soil may lead to an entitlement to nationality.
Thus, a child born in Mauritania to a parent who was
also born in Mauritania can acquire nationality upon
completion of a registration procedure.107 In Yemen108
and Tunisia,109 acquisition of nationality by birth on
state territory is automatic, but only if the child’s father
107 - Article 9(1), 1961-112 Law on Mauritanian Nationality.
108 - Article 4(c), Yemen Nationality Law No. 7, 1990.
109 - Article 7, Tunisian Nationality Code (Decree No. 63-6), 1963.
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