Who Is Stateless and Why?
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Country of Origin Information Report Syria June 2021
Country of origin information report Syria June 2021 Page 1 of 102 Country of origin information report Syria | June 2021 Publication details City The Hague Assembled by Country of Origin Information Reports Section (DAF/AB) Disclaimer: The Dutch version of this report is leading. The Ministry of Foreign Affairs of the Netherlands cannot be held accountable for misinterpretations based on the English version of the report. Page 2 of 102 Country of origin information report Syria | June 2021 Table of contents Publication details ............................................................................................2 Table of contents ..........................................................................................3 Introduction ....................................................................................................5 1 Political and security situation .................................................................... 6 1.1 Political and administrative developments ...........................................................6 1.1.1 Government-held areas ....................................................................................6 1.1.2 Areas not under government control. ............................................................... 11 1.1.3 COVID-19 ..................................................................................................... 13 1.2 Armed groups ............................................................................................... 13 1.2.1 Government forces ....................................................................................... -
Children's Right to a Nationality
OPEN SOCIETY JUSTICE INITIATIVE Children’s right to a nationality Statelessness affects more than 12 million people around the world, among whom the most vulnerable are children. The Open Society Justice Initiative estimates that as many as 5 million may be minors. The consequences of lack of nationality are numerous and severe. Many stateless children grow up in extreme poverty and are denied basic rights and services such as access to education and health care. Stateless children‟s lack of identity documentation limits their freedom of movement. They are subject to arbitrary deportations and prolonged detentions, are vulnerable to social exclusion, trafficking and exploitation—including child labor. Despite its importance, children‟s right to a nationality rarely gets the urgent attention it needs. Children’s right to nationality The right to a nationality is protected under At the very least, the right to acquire a nationality under international law. The Universal Declaration of Human the CRC should be understood to mean that children Rights provides a general right to nationality under have a right to nationality in their country of birth if article 15. The international human rights treaties— they do not acquire another nationality from birth—in including the Convention on the Rights of the Child other words, if they would otherwise be stateless. In (CRC) and the International Covenant on Civil and fact, this particular principle is recognized in regional Political Rights (ICCPR)—as well as the Convention on systems as well as in the Convention on the Reduction the Reduction of Statelessness, provide particular norms of Statelessness. -
Syria Situation of Returnees from Abroad
Syria Situation of returnees from abroad Country of Origin Information Report June 2021 More information on the EU is available on the Internet (http://europa.eu) PDF ISBN 978-92-9465-115-0 doi: 10.2847/980660 BZ-05-21-136-EN-N © European Asylum Support Office, 2021 Cover photo, © Joel Carillet via iStock by Getty Images, 183363131, 5 January 2011, url Highway sign in Syria directing traffic to Damascus and other cities, including Homs and Qara. Reproduction is authorised provided the source is acknowledged. For any use or reproduction of photos or other material that is not under the EASO copyright, permission must be sought directly from the copyright holders. Country of origin information report | Syria: Situation of returnees from abroad Acknowledgements This report was drafted by the Country of Origin Information (COI) Unit of the Netherlands Ministry of Foreign Affairs.1 The following departments and organisations have reviewed the report together with EASO: Denmark, Danish Immigration Service (DIS) Hungary, National Directorate-General for Aliens Policing Documentation Centre It must be noted that the review carried out by the mentioned departments, experts or organisations contributes to the overall quality of the report, but does not necessarily imply their formal endorsement of the final report, which is the full responsibility of EASO. 1 In Dutch known as Afdeling Ambtsberichten (AB). 3 Country of origin information report | Syria: Situation of returnees from abroad Contents Acknowledgements ................................................................................................................................ -
STATELESSNESS in the MIDDLE EAST and NORTH AFRICA Cove Photos: Front Cover: UNHCR/ Christopher Herwig Back Cover: UNHCR/Jordi Matas
IN SEARCH OF SOLUTIONS: ADDRESSING STATELESSNESS IN THE MIDDLE EAST AND NORTH AFRICA Cove Photos: Front Cover: UNHCR/ Christopher Herwig Back Cover: UNHCR/Jordi Matas Design: UNHCR/Samar Fayed UNHCR Middle East and North Africa Bureau, 2016 CONTENTS CONTENTS 3 Foreword 4 Executive Summary 6 UNHCR’s Global Action Plan to End Statelessness 7 Taking Forward the Global Action Plan in MENA 9 The Right to a Nationality and Legal Identity: International and Regional Standards 10 Addressing Statelessness in the Syria Situation 10 Preventing and Reducing Statelessness inside Syria 10 Addressing Pre-Conflict Situations of Statelessness 11 Preventing Statelessness and Enhancing Protection 12 Strengthening National Legal Frameworks 14 Integrating Issues of Statelessness in the Syrian Refugee Response 14 Identifying and Protecting Syrian Refugees who are Also Stateless 15 Registering and Documenting Each Syrian Refugee Child 15 Making Birth and Marriage Registration Procedures More Accessible 17 Strengthening Legal Aid and Counselling 17 Engaging with Communities as Agents of Protection and Change 19 Ensuring Access to Quality Maternal Health Services 20 Jordan: Operational Response in Focus 22 Conclusion 1 UNHCR/Christopher Herwig New born Syrian Refugees in Jordan 2 FOREWORD FOREWORD Over 10 million people are stateless worldwide, with a profound impact on countries in the Middle East and North Africa (MENA) region. While MENA is home to several historically stateless populations, the region has substantially reduced the number of stateless persons in 2010 and 2011, respectively in Iraq and Syria. For stateless people, the lack of any nationality is not merely the lack of a legal status or document. It is a condition that deprives them of the basic rights that most of us take for granted. -
The Nationality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia
NYLS Journal of International and Comparative Law Volume 5 Article 6 Number 2 Volume 5, Numbers 2 & 3, 1984 1984 The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia Tung-Pi Chen Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Chen, Tung-Pi (1984) "The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia," NYLS Journal of International and Comparative Law: Vol. 5 : No. 2 , Article 6. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol5/iss2/6 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. THE NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND THE OVERSEAS CHINESE IN HONG KONG, MACAO AND SOUTHEAST ASIA TUNG-PI CHEN* INTRODUCTION After thirty years of existence, the Government of the People's Re- public of China (PRC) enacted the long-awaited Nationality Law in 1980.1 Based on the PRC Government's enduring principle of racial and sexual equality, the new law is designed to reduce dual nationality and statelessness by combining the principles of jus sanguinis and jus soli to determine nationality at birth. The need for a Chinese national- ity law had long been recognized, but it was not until the adoption of the "open door" policy in 1978 after the downfall of the "Gang of Four," as well as the institution of codification efforts, that the urgency of the task was recognized. -
Mr Al-Jedda, Deprivation of Citizenship, and International Law
Mr Al-Jedda, Deprivation of Citizenship, and International Law Guy S. Goodwin-Gill1 Revised draft of a paper presented at a Seminar at Middlesex University on 14 February 2014 1. The Background in Brief Mr Al-Jedda was a refugee from Iraq. He was granted asylum in the United Kingdom and duly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. During the course of the war with Iraq, he was detained there and held by the British military on security grounds. He was released in December 2006, shortly after the Secretary of State made an order purporting to deprive him of his British citizenship. He appealed to the Special Immigration Appeals Commission in 2008, where argument focused on, among other issues, whether Occupying Powers are competent to legislate on nationality, and on the meaning and scope of various legal instruments, including the Transitional Administrative Law (TAL) decreed by the Coalition Provisional Authority and the 2006 Iraqi Nationality Law. SIAC rejected his appeal, finding that he was an Iraqi citizen. This was overturned by the Court of Appeal, which referred the matter back to SIAC. SIAC again found against Mr Al-Jedda, but was again overruled by the Court of Appeal which held that he had automatically lost Iraqi citizenship on acquiring British citizenship, and that he had not automatically regained it either under the TAL or the 2006 Law. Consequently, he could not lawfully be deprived of his British citizenship, as this would render him stateless. The Secretary of State appealed to the Supreme Court, arguing that under section 40 of the British Nationality Act, she could be ‘satisfied’ that the making of a deprivation order would not render the individual concerned stateless if there was another nationality ‘option’, for example, if that person ‘could’ apply elsewhere, and ‘would be’ granted citizenship. -
Commentary on the EASO Country of Origin Information Reports on Syria (December 2019 – May 2020) July 2020
Commentary on the EASO Country of Origin Information Reports on Syria (December 2019 – May 2020) July 2020 1 © ARC Foundation/Dutch Council for Refugees, June 2020 ARC Foundation and the Dutch Council for Refugees publications are covered by the Create Commons License allowing for limited use of ARC Foundation publications provided the work is properly credited to ARC Foundation and the Dutch Council for Refugees and it is for non- commercial use. ARC Foundation and the Dutch Council for Refugees do not hold the copyright to the content of third party material included in this report. ARC Foundation is extremely grateful to Paul Hamlyn Foundation for its support of ARC’s involvement in this project. Feedback and comments Please help us to improve and to measure the impact of our publications. We’d be most grateful for any comments and feedback as to how the reports have been used in refugee status determination processes, or beyond: https://asylumresearchcentre.org/feedback/. Thank you. Please direct any questions to [email protected]. 2 Contents Introductory remarks ......................................................................................................................................... 4 Key observations ................................................................................................................................................ 5 General methodological observations and recommendations ......................................................................... 9 Comments on any forthcoming -
DOCTOR of PHILOSOPHY Identity Without Citizenship Towards A
DOCTOR OF PHILOSOPHY Identity without citizenship Towards a global uniform registration system for the stateless Alansari, Omar Award date: 2020 Awarding institution: Queen's University Belfast Link to publication Terms of use All those accessing thesis content in Queen’s University Belfast Research Portal are subject to the following terms and conditions of use • Copyright is subject to the Copyright, Designs and Patent Act 1988, or as modified by any successor legislation • Copyright and moral rights for thesis content are retained by the author and/or other copyright owners • A copy of a thesis may be downloaded for personal non-commercial research/study without the need for permission or charge • Distribution or reproduction of thesis content in any format is not permitted without the permission of the copyright holder • When citing this work, full bibliographic details should be supplied, including the author, title, awarding institution and date of thesis Take down policy A thesis can be removed from the Research Portal if there has been a breach of copyright, or a similarly robust reason. If you believe this document breaches copyright, or there is sufficient cause to take down, please contact us, citing details. Email: [email protected] Supplementary materials Where possible, we endeavour to provide supplementary materials to theses. This may include video, audio and other types of files. We endeavour to capture all content and upload as part of the Pure record for each thesis. Note, it may not be possible in all instances to convert analogue formats to usable digital formats for some supplementary materials. We exercise best efforts on our behalf and, in such instances, encourage the individual to consult the physical thesis for further information. -
Combating Statelessness in the Wake of the Syrian Conflict: a Right Without a Remedy Tim Schultz University of Notre Dame Law School, [email protected]
Volume 8 | Issue 2 Article 9 5-10-2018 Combating Statelessness in the Wake of the Syrian Conflict: A Right without a Remedy Tim Schultz University of Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/ndjicl Part of the Comparative and Foreign Law Commons, Human Rights Law Commons, and the International Law Commons Recommended Citation Schultz, Tim (2018) "Combating Statelessness in the Wake of the Syrian Conflict: A Right without a Remedy," Notre Dame Journal of International & Comparative Law: Vol. 8 : Iss. 2 , Article 9. Available at: https://scholarship.law.nd.edu/ndjicl/vol8/iss2/9 This Note is brought to you for free and open access by the Notre Dame Journal of International & Comparative Law at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of International & Comparative Law by an authorized editor of NDLScholarship. For more information, please contact [email protected]. COMBATING STATELESSNESS IN THE WAKE OF THE SYRIAN CONFLICT: A RIGHT WITHOUT A REMEDY TIM SCHULTZ* INTRODUCTION ............................................................................................... 131 I. HISTORY OF THE SYRIAN CONFLICT ............................................................ 134 II. AN EXAMINATION OF OBLIGATIONS UNDER CUSTOMARY INTERNATIONAL LAW ................................................................................................................ 136 A. STATE PRACTICE .................................................................................... -
Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness
COLONIAL LEGACIES IN SYRIAN NATIONALITY LAW AND THE RISK OF STATELESSNESS MALAK BENSLAMA-DABDOUB* The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian Civil War, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies. TABLE OF CONTENTS Introduction ............................................................................................................... 6 Historical Context: European Colonialism and the Formation of Syria as a Modern State ........................................................................................................... 11 A The Dislocation of the Ottoman Empire and Creation of Artificial Nationalities ............................................................................................... -
Hunter Snyder.Docx
Snyder, Casting and hauling CASTING AND HAULING IN NUUP KANGERLUA, GREENLAND: SENSORY ETHNOGRAPHY FOR A STUDY OF INUIT LIVELIHOODS AND THE BODY HUNTER SNYDER1 A Kalaallit fisher baiting longlines in Nuuk’s municipal workshop. Photographed by author, 2014. Abstract Sensory ethnography has been employed to proffer anthropological understandings that ex- tend beyond the written word, and in many cases, sensory ethnographers have gravitated to- ward the study of both contemporary and traditional livelihoods. Yet ethnographic inquiries made outside of textual forms of representation, inclusive of those concerning livelihoods, are projects that are often contested on epistemological grounds. I will show how sensory ethnography may be understood in relation to longstanding concerns about representing the human body and how it bears in mind this history through its work, despite lacking an explic- it, written corpus to support it. Recognizing and remaining conscious that the topic of represen- tation in anthropology lies atop contested grounds, I suggest that a paradigm shift toward non- textual sensory ethnography tout court is inopportune, especially in relation to the study of livelihoods. By briefly showing that longline fishing practices in Nuup Kangerlua, Greenland 1 ASC Research Fellow, Arctic Studies Center, Smithsonian Institution, Washington, USA; [email protected] 285 Snyder, Casting and hauling (the Nuuk Fjord), shape and are shaped by complex environmental, political and technologi- cal processes, I seek to problematize the assumption that employing sensory ethnographic methods without the discursive handles of text affords a discernible contribution to the study of livelihoods. Instead, I suggest that sensory ethnography functions productively as a discur- sive project when circumscribed by textual critique, even if the pith of its anthropological representation exists outside of words. -
Understanding Statelessness in the Syria Refugee Context Policy Brief
Understanding Statelessness in the Syria refugee context Policy Brief In the Syrian refugee crisis, many statelessness questions arise: What factors are complicating access to Syrian nationality and why is this a problem? Which children are most at risk of becoming stateless? What is the situation of refugees from Syria who were already stateless, prior to the conflict, and remain so in exile? So do questions about what can be done: How is the regional refugee response addressing these questions? What more could be done to mitigate the impact of statelessness on the refugees from Syria and protect the right of refugee children to Syrian nationality? Recommendations Humanitarian actors working with Syrian refugees are urged to: Address the substantial knowledge gap when it comes to statelessness issues among stakeholders that work with refugees, through training, information exchange and sharing of good practices. Improve the identification of stateless refugees and strengthen the understanding among stakeholders that work with refugees of the implications of statelessness. For example, ensure intake forms among the INGOs interviewed provide for the possibility of recording a refugee as a stateless person. Flag particular profiles of refugees whose situation may require further attention due to the heightened risk of statelessness, and clarify the underlying reasons for this vulnerability. Raise awareness of civil registration procedures for refugee families, including the differences with respect to the system “back home” in Syria; as well as the importance of keeping documents safe. Facilitate access to marriage and birth registration for refugee families who are facing obstacles in host countries, including through the development and strengthening of referral systems and exchange of good practices for complex cases.