Who Are Stateless People?

While citizenship or nationality is a fundamental right (ensuring many other human rights) millions of people around the world are denied it, making them stateless. The MENA region is particularly affected by this issue as it hosts one of the largest populations of stateless persons in the world. There are different ways to obtain nationality. Ius sanguinis, in other words, obtaining nationality through a family link to a country; Ius soli, acquiring nationality through a territorial link to a state; and through naturalization, that is accessing the nationality of your country of residence over time. In the MENA, the vast majority of people obtain their nationality by ius sanguinis as all countries in the region recognize paternal as sanguinis (when the father transfers the nationality). Nevertheless, maternal ius sanguinis is much more complicated and is applied with ease in only 5 MENA countries. These discriminatory practices increase the risks of statelessness. In comparison to other legislations, the process of naturalization in the region is also complex and is not only tied to a specific period of residence in the country.

Besides, the right to nationality requires not only that a person can acquire it at birth but also that arbitrary deprivation of nationality is prohibited. However, all MENA ccountries’legislations possess provisions where states can deprive the nationality of individuals without their consent. States can use it to subdue a perceived threat to domestic security or to preserve the country’s demographic balance. Finally, the region’s history importantly increased the risks of statelessness. The MENA region’s colonial legacy actively hampered access to a nationality. Following the independence, certain rulers lacking expertise and experience were left with the challenging task to register inhabitants of their territory and deciding who did and who did not belong to the new state.

Stateless individuals often face significant difficulties in obtaining basic documents, such as birth certificates, or identity cards to prove their identity, legal status, and citizenship. This lack of documentation seriously blocks their access to numerous benefits. Without these documents, they are legally and administratively invisible. In other words, statelessness creates considerable obstacles to accessing rights and services ranging from the right to leave and return to a country, to education, housing, healthcare, marriage license, birth registration, justice, and many other benefits linked to citizenship.

While under international law stateless people are entitled to a range of human rights this is not always the case in the MENA. Indeed, in the region, only 4 states are parties to the 1954 Convention Relating to the Status of Stateless Persons (designated to ensure the recognition of a stateless person, ensure their access to documentation, and their enjoyment of various rights). While being a state party to the 1954 Convention does not always ensure the entire respect of its articles, it at least demonstrates a state’s awareness of the issue.

Birth registration is a central pillar of statelessness prevention. Indeed, access to birth certificates attesting to the newborn with a place of birth and parental affiliation proves the child’s entitlement to the nationality under the applicable law. While all MENA countries are States parties to the 1989 Convention on the Rights of the Child (which requires the registration of the right of every child and reaffirms a child’s right to a nationality), childhood statelessness exists and persist in the region.

UNHCR considers that every 10 minutes, a child is born stateless somewhere in the world. Reasons for statelessness at birth are various. Many, such as certain Syrian Kurds have inherited their statelessness from stateless parents. Others are the first of their families, either because of gap or conflict nationality laws. Forced displacement and migrations can put children at great risks of statelessness. Whereas in certain countries nationality can be obtained because they are born in the state’s territory, this is not a common policy in the MENA region.

The right to nationality preconditions the access to many economic and social rights. Indeed, through their nationality, citizens benefit from a number of rights determined by the state’s legislation. Consequently, stateless people face obstacles in accessing these rights ranging from healthcare to education, and social services, as well as full access to the labor market. This seriously hinders their livelihood opportunities.

One in three stateless persons in the world has been forcibly displaced. The precarious and unstable circumstances of displacement can, at times, increase the risk of becoming stateless, including individuals who formerly possessed nationalities. This issue is particularly relevant to the MENA, a region undergoing numerous population displacements and migrations. Besides, once stateless, conditions of displacement become harder. For instance, while in exile, statelessness deprives individuals of consular protection and/or services.

There are different ways in which displaced individuals can face statelessness. One way is when refugees’ identity documents are lost, destroyed, or seized, making it harder to prove their bonds with their country of origin. Whereas a lack of documentation does not automatically lead to statelessness, it makes it more difficult to prove one’s nationality. Another way is when displacement last. Over time, maintaining a link with a country of origin becomes increasingly difficult. Besides, statelessness can trigger displacement. As stateless communities often serve as victims, many choose or are forced to leave their country of origin. However, as documentation such as proof of identity is often necessary to apply for asylum procedures and to benefit from international protection, stateless asylum applicants face extra difficulties.