2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS”
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Europe and Central Asia. 179 A “significant” portion of these minority-group members, rendered stateless upon the dissolution of the Soviet Union, did not meet the legal requirements for nationality promulgated by their new States. 180 As an example, the nationality laws
of Croatia only recognized ethnic Croatians, preventing all other exYugoslavian residents from acquiring Croatian nationality. 181 The
Czech Republic promulgated nationality laws preventing their longterm residents born in Slovak territory from acquiring a nationality;
the Slovak Republic did the same with respect to those born on
Czech territory. 182
Concurrently, the role of nationality in regions beyond Europe began catching the attention of the international community. 183
States and scholars grew concerned by the denationalization of political opponents in quasi-democratic African States. Most notably, the
Chiluba administration in Zambia denationalized Kenneth Kaunda,
the founder and first president of an independent Zambia. The denationalization, based on the allegation that Kaunda was a Malawian
national, followed Kaunda’s criticisms of the Chiluba administration
as “inept and corrupt.” 184 A similar approach to corralling electoral
candidates by declaring opposition leaders, and even voters, “foreigners” developed in Côte d’Ivoire in the early 1990s. 185 Separate
from political denationalization, resource conflict and ethnic tensions
between Mauritania and Senegal led to the cross-border expulsion of
an estimated 70,000 Mauritanians lacking any form of State-issued
identification or recognition. 186
179. Michel Iogna-Prat, Nationality and Statelessness Issues in the Newly Independent
States, in THE PROBLEM OF REFUGEES IN THE LIGHT OF CONTEMPORARY INTERNATIONAL LAW
ISSUES 25, 25 (1996).
180. Id. at 26.
181. Geraud de la Pradelle, The Effects of New Nationality Rules on the Status of
Individuals, in DISSOLUTION, CONTINUATION AND SUCCESSION IN EASTERN EUROPE 105, 112
(Brigitte Stern ed., 1998).
182. Id. at 113.
183. G.A. Res. 49/169, preamble (Dec. 23, 1994) (referring to the “persistent problems
of stateless persons in various regions and the emergence of new situations of statelessness”)
(emphasis added).
184. Donald Mcneil, Jr., Founder of Zambia is Delared Stateless in High Court Ruling,
N.Y. TIMES (Apr. 1, 1999), www.nytimes.com/1999/04/01/world/founder-of-zambia-isdeclared-stateless-in-high-court-ruling.html [https://perma.cc/8RL7-VG9B].
185. Pouilly, supra note 178, at 29; Stephen Jackson, Congolité: Elections and the
Politics of Autochthony in the Democratic Republic of the Congo, in RHETORICS OF
INSECURITY: BELONGING AND VIOLENCE IN THE NEOLIBERAL ERA 79–80 (Zeynep Gambetti
& Marcial Godoy-Anativia eds., 2013).
186. David Stone, Enhancing Livelihood Security Among Mauritanian Refugees:
Electronic copy available at: https://ssrn.com/abstract=2954729