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Nationality is the status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture.
Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatic acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees estimated 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021.
The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relating to the Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons was adopted to cover stateless persons who are not refugees and therefore not within the scope of the Convention Relating to the Status of Refugees.
Luxembourg nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.
Azerbaijani nationality law is regulated by the Constitution of Azerbaijan, as amended; the Citizenship Law of Azerbaijan and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, an Azerbaijani national.
Lebanese nationality law governs the acquisition, transmission and loss of Lebanese citizenship. Lebanese citizenship is the status of being a citizen of Lebanon and it can be obtained by birth or naturalization. Lebanese nationality is transmitted paternally. Therefore, a Lebanese man who holds Lebanese citizenship can automatically confer citizenship to his children and foreign wife. Under the current law, descendants of Lebanese emigrants can only receive citizenship from their father and women cannot pass on citizenship to their children or foreign spouses.
Mandatory Palestine passports were travel documents issued by British authorities in Mandatory Palestine to residents between 1925 and 1948. The first brown-covered passport appeared around 1927, following the issue of the Palestinian Citizenship Order, 1925. From 1926 to 1935 alone approximately 70,000 of such travel documents were issued.
The Bedoon or Bidoon, fully Bidoon jinsiya, are stateless people in several Middle Eastern countries, but particularly in Kuwait, where there is a large population of stateless people who lack access to many of the country's basic services. It is widely believed that the Bedoon issue in Kuwait is sectarian in nature.
Palestinians in Lebanon include the Palestinian refugees who fled to Lebanon during the 1948 Palestine War, their descendants, the Palestinian militias which resided in Lebanon in the 1970s and 1980s, and Palestinian nationals who moved to Lebanon from countries experiencing conflict, such as Syria. There are roughly 3,000 registered Palestinians and their descendants who hold no identification cards, including refugees of the 1967 Naksa. Many Palestinians in Lebanon are refugees and their descendants, who have been barred from naturalisation, retaining stateless refugee status. However, some Palestinians, mostly Christian women, have received Lebanese citizenship, in some cases through marriage with Lebanese nationals.
Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.
The Kuwaiti nationality law is the legal pathway for non-nationals to become citizens of the State of Kuwait. The Kuwaiti nationality law is based on a wide range of decrees; first passed in 1920 and then in 1959. An Amiri decree was passed later in 1960. Since the 1960s, the implementation of the nationality law has been very arbitrary and lacks transparency. The lack of transparency prevents non-nationals from receiving a fair opportunity to obtain citizenship. A number of amendments were made in 1980, 1982, 1994, 1998, and 2000.
Humanitarian visas are visas granted by some countries in order to fulfill their international obligation to protect refugees from persecution. The criteria in the Convention Relating to the Status of Refugees are often used in assessing whether or not there is a legitimate claim for protection. It defines a refugee as a person who:
Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Syrian Arab Republic and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree No. 276/1969.
Shamima Begum is a British-born woman who entered Syria to join the Islamic State (IS) terrorist group at the age of 15 and was consequently stripped of UK citizenship.
Gerard-René de Groot is a Professor emeritus of Maastricht University in Comparative Law and Private International Law. He studied law at University of Groningen and at the Westfälische Wilhelmsuniversität Münster (Germany). De Groot obtained the degrees Magister iuris and Doctorandus iuris at Groningen University and taught there 1974–1982. He also obtained the degree of Doctor iuris at Maastricht University. In 1982 de Groot started to teach at Maastricht University and was subsequently appointed as a professor. Since 2007 he has taught at the University of Aruba.
A stateless person is, according to article 1 of the New York Convention relating to the Status of Stateless Persons of 28 September 1954, "any person who is not considered as a national by any State under the operation of its law".
Batswana nationality law is regulated by the 1966 Constitution of Botswana, as amended; the Citizenship Act 1998, and its revisions; and international agreements entered into by the government of Botswana. These laws determine who is, or is eligible to be, a national of Botswana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. The Botswana nationality is typically obtained on the principle of jus sanguinis, i.e. by birth to parents with Botswana nationality. It can be granted to persons who have lived in the country for a specific period of time, who have performed distinguished service to the nation or who have an affiliation to the country through naturalisation.
Mauritanian nationality law is regulated by the Constitution of Mauritania, as amended; the Mauritanian Nationality Code, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Mauritania. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Mauritanian nationality is typically obtained under the jus sanguinis, i.e. by birth in Mauritania or abroad to parents with Mauritanian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
The Global Campaign for Equal Nationality Rights is a campaign mobilizes international action to end gender discrimination in nationality laws through local and international advocacy, activism, research, capacity building and knowledge sharing.
References
- ↑ "Página 4 do DOU - Seção 1 - Edição Extra A, número 225, de 01/12/2022 - Imprensa Nacional". Diário Oficial De União. 2022-12-01. ISSN 1677-7042 . Retrieved 2024-02-18.
- ↑ MahaMamo on Twitter
- ↑ ""Imagine Living and Dying With No Documents?" Children of Civil Marriage in Syria". SIRAJ. 2020-12-25. Retrieved 2024-02-18.
- ↑ "Maha Mamo, a stateless refugee in Brazil, talks about the challenges of life without a nationality". United Nations High Commissioner for Refugees . 2016-12-13. Retrieved 2024-02-18.
- ↑ "Born stateless: Looking for a country to love me". BBC Online . 2017-10-01. Retrieved 2024-02-17.
- ↑ "A gratidão ao Brasil da refugiada sem pátria que acabou perdendo irmão em assalto". BBC News (in Brazilian Portuguese). 2017-10-06. Retrieved 2024-02-18.
- 1 2 3 Londoño, Ernesto (2020-12-25). "Stateless, She Became the Face of a Largely Invisible Plight". The New York Times . Retrieved 2024-02-16.
- ↑ Batha, Emma (2019-10-06). "I found a country, but lost my brother - stateless activist". Thomson Reuters Foundation . Retrieved 2024-02-18.