Nationality and Cases of Statelessness in the Middle East and North Africa
it should exceptionally provide for the possibility of jus
soli acquisition of nationality in those few instances
that a child would otherwise be left without any
nationality.117
Turning to the content of MENA states’ nationality
laws, the picture is very mixed in terms of the
incorporation of such safeguards for children who
would otherwise be stateless. On the one hand, the
region’s strong jus sanguinis tradition means that,
in many cases, nationality will be transmitted into
perpetuity for successive generations, even if the
children, grandchildren and great-grandchildren in
question are born (all) outside the territory of the state.
Nevertheless, this picture is tainted by the fact that so
many MENA states, as already outlined above, restrict
their jus sanguinis rules to the paternal bloodline only.
It is true that of those states which generally only
allow fathers to transmit their nationality, several have
included a special clause that is directed towards
the avoidance of statelessness, allowing women to
transmit their nationality if the father of their child is
stateless himself (and therefore, by definition, has no
nationality to offer). Yet such safeguards are shortsighted in their focus on the statelessness of the father,
117 - See also the detailed safeguards against childhood statelessness
elaborated in the 1961 Convention on the Reduction of Statelessness, in
particular articles 1 and 4. Note that, at the time of writing, only Libya and Tunisia
were state parties to this international instrument.
92
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