Nationality and Cases of Statelessness in the Middle East and North Africa
Lebanon119 and Syria.120 Both of these provide for the
automatic conferral of nationality to any child who is
born on their territory who does not acquire any other
nationality at birth. Nevertheless, these provisions can
be considered essentially defunct, since they are
virtually never applied in practice.121 Nowhere else is
there a blanket safeguard in place that would allow
any otherwise stateless child born in the country to
acquire a nationality – in spite of the fact that there
are two states parties to the 1961 Convention on the
Reduction of Statelessness in the MENA which contains
this explicit obligation.122 The only other relevant
provision which can be found and which should go
some way to mitigating statelessness for children born
within the region is that which confers nationality to
any child born within the state whose parents are
stateless. Yet even this narrower safeguard is only
in place in three countries: Syria,123 where it is also a
defunct provision given that statelessness remains
an inherited status in this country, as evidenced
in the experience of the stateless Kurds;124 Tunisia,125
119 - Article 1(2), Decree No. 15 on Lebanese Nationality, 1925.
120 - Article 3(d), Syria Nationality Law No. 276, 1969.
121 - See for further comment on the gaps between law and practice in
MENA nationality policy section 5 below.
122 - These are Libya and Tunisia, neither of which have incorporated
the safeguard which the 1961 Convention prescribes to grant nationality to
otherwise stateless children born in the territory in their nationality laws.
123 - Article 3(c), Syria Nationality Law No. 276, 1969.
124 - See Z. Albarazi, The Stateless Syrians, May 2013, available for download
at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2269700.
125 - Article 8, Tunisian Nationality Code (Decree No. 63-6), 1963.
94
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