18
Albarazi
non-citizens.18 Therefore, due to this and/or lack of documentation, stateless persons are unable to possess property (often including buildings, land
and vehicles) anywhere. Several examples as to where this is the case is
the Nubians of Kenya. In this country, the property ownership is strongly tied
to citizenship rights - this leaves stateless Nubians unable to purchase property.19 As a direct consequence of the restrictions on the property rights, a
stateless person often becomes also unable to inherit what is bequeathed to
them.20 Alongside the obvious economic consequences of the inability to possess or inherit, and the furthering of the ostracization of this community, it
also means that stateless persons will often resort to registering their possessions under the name of a national, most often a family member who has citizenship. This puts the stateless person in a highly vulnerable position, and
makes them fear that their possession will be appropriated. Ultimately, this
often results in causing tension between family members. Ali, a stateless
bidoon of Kuwait, tells of the situation he is in:
I have registered my car in my brother-in-laws name, although it is mine.
I like him, I think he is a good guy. However I keep telling my sister to
make sure he is fine with me, to say good things about me to him. I don’t
want him to be angry with me. I could be left with nothing.21
Also at times of inheritance, this could create further problems between family
members where the legal inheritor ignore the real owners.
18
19
20
21
Please Insert fn.
See the following reports for example: Kenyan National Commission on Human Rights,
Out of the Shadows, Towards Ensuring the Rights of Stateless Persons and Persons at
Risk of Statelessness, 2010 http://www.knchr.org/Portals/0/CivilAndPoliticalReports/
Statelessness%20Report.pdf and Refugees.
International, Nationality Rights for All: A Progress Report and Global Survey on
Statelessness, March 2009 http://refugeesinternational.org/sites/default/files/RI%20
Stateless%20Report_FINAL_031109.pdf.
For more examples of when this occurs see the regional report on statelessness in Central
Asia - UN High Commissioner for Refugees (UNHCR), Statelessness in Central Asia, May
2011, available at: http://www.refworld.org/docid/4ed32c9a2.html and the South East Asia
report; UN High Commissioner for Refugees (UNHCR), Regional Expert Roundtable on
Good Practices for the Identification, Prevention and Reduction of Statelessness and the
Protection of Stateless Persons in South East Asia, 2 March 2011, available at: http://www
.refworld.org/docid/4d6e09932.html.
An interview conducted in Kuwait (March 2013) as part of the Women’s Refugee
Commission Our Motherland; Our Country project.
tilburg law review 19 (2014) 11-19