The nationality and statelessness of nomadic peoples under international law / Heather Jean Alexander.

Format:

Book

Author/Creator:

Alexander, Heather, 1977- author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Stateless persons.

Nomads--Legal status, laws, etc.

Nomads.

Citizenship.

Physical Description:

1 online resource (291 pages)

Edition:

First edition.

Place of Publication:

New York, NY : Oxford University Press, [2025]

Summary:

This text analyses the nationality challenges faced by nomadic communities such as the former Bedouin in Kuwait, Tuareg in Mali, Fulani in Ct̥e d'Ivoire, and Sama Dilaut in Malaysia. Drawing on diverse sources and original field research, it traces the colonial roots of nomadic statelessness and evaluates the effectiveness of international law in safeguarding their right to nationality.

Contents:

Cover

Half Title

Title Page

Copyright Page

Dedication

Contents

Acknowledgments

Table of Cases

Table of Treaties

Table of Legislation

Other International and Regional Instruments

1 Introduction

1.1 Why Research Nomadic Peoples and Statelessness?

1.2 Key Terms and Concepts

1.2.1 Nomadic Peoples

1.2.2 Statelessness and Risk of Statelessness

1.2.3 Nationality and Citizenship

1.2.4 Civil Registration and Legal Identity

1.2.5 The Right to a Nationality

1.3 The International Commitments of Kuwait, Mali, Côte d'Ivoire, and Malaysia

1.4 The Nomadic Communities Used as Examples in this Book

1.4.1 The Bedouin

1.4.2 The Tuareg

1.4.3 The Fulani

1.4.4 The Sama Dilaut

2 Antinomadic Bias and Nomadic Perspectives in Academia

2.1 Introduction

2.2 A Lack of Nomadic Perspectives

2.3 Antinomadic Bias in Academia on Statehood and State Formation

2.4 Antinomadic Bias in Academia on Development and Conservation

2.5 Conclusion

3 Nomadic Peoples and Civil Registration under International Law

3.1 Introduction

3.2 The Role of Civil Registration and Legal Identity in Ending Statelessness

3.3 Civil Registration during Colonization

3.3.1 Settlement and Registration in the Kuwaiti Protected State

3.3.2 Settlement and Registration in North Borneo

3.3.3 Settlement and Registration in French West Africa

3.4 Civil Registration at Decolonization

3.4.1 Civil Registration in Kuwait and Bedouin Exclusion

3.4.2 Civil Registration in Mali and Tuareg Exclusion

3.4.3 Civil Registration in Malaysia and Sama Dilaut Exclusion

3.4.4 Civil Registration in Côte d'Ivoire and Fulani Exclusion

3.4.5 Nomadic Peoples and Civil Registration

3.5 Civil Registration under International Law

3.5.1 Habitual Residence as a Concept under International Law.

3.5.2 Defining Residency for Nomadic Peoples

3.6 Conclusion and Recommendations

4 Prohibiting Discrimination in Nationality Law against Nomadic Peoples

4.1 Introduction

4.2 Discrimination against Nomadic Peoples in Colonial-Era Nationality Laws

4.3 Nationality Law at Decolonization

4.3.1 The Bedouin under Kuwait's Nationality Law

4.3.2 The Sama Dilaut under the Nationality Laws of Sabah, Malaysia

4.3.3 The Tuareg and Fulani under the Nationality Laws of Mali and Côte d'Ivoire

4.3.4 Discrimination against Nomadic Peoples in the Granting of Nationality

4.4 The International Laws Prohibiting Discrimination in the Granting of Nationality

4.4.1 Discrimination against Nomadic Peoples in the Granting of Nationality for Reasons of Race, Ethnicity, National Origins, Historical Migration, Indigenous Status, and Other Status

4.4.2 Discrimination against Nomadic peoples in the Granting of Nationality on the Basis of Their Statelessness

4.4.3 Discrimination against Nomadic Peoples in the Granting of Nationality on the Grounds of Minority Status

4.4.4 Discrimination in Nationality against Nomadism as a Type of Mobility

4.5 Conclusion and Recommendations

5 The Right to a Nationality for Indigenous Persons

5.1 Introduction

5.2 The Bedouin, the Bidoon, and Indigenous Status in Kuwait

5.3 Self-Determination and the Indigenous Status of Nomadic Peoples in Mali and Côte d'Ivoire

5.4 Malaysia and Sama Dilaut Indigenous Status

5.5 Nomadic Indigenous Status

5.6 The Right to a Nationality and Indigenous Status under International Law

5.6.1 Defining Nomadic Peoples as Indigenous under International Law

5.6.2 Minority Status as an Alternative or Complement to Indigenous Status for Nomadic Peoples

5.6.3 The Tuareg and the Right to Self-Determination

5.7 Conclusion and Recommendations.

6 Identifying Nomadic Persons as Stateless for the Purposes of a Solution under International Law

6.1 Introduction

6.2 The Risks to Nomadic Peoples of the Statelessness Label

6.3 The International Laws Applicable to Children Born Otherwise Stateless

6.4 The Burden of Proving Statelessness

6.5 The Identification of Stateless Nomadic Persons Leading to Their Facilitated Naturalization

6.6 Identifying De Facto Nationality for the Purposes of a Targeted Nationality Campaign

6.7 The Right of Option

6.8 Dual Nationality

6.9 Discrimination against Nomadic People as Stateless People

6.10 Conclusion and Recommendations

7 Conclusion

Appendix Maps

Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on March 10, 2025).

ISBN:

0-19-777236-6

0-19-777235-8

0-19-777234-X

OCLC:

1485653008