Statelessness under international law a study with special reference to SAARC nation

Abstract

Nationality is a fundamental element without which a person cannot enjoy human security as well as basic Human Rights. There are millions of persons in the world who do not possess nationality of any nation and are termed as Stateless Persons. Since nationality provides the legal connection between individuals and the state, and thus serves as the basis for the realization and enjoyment of all other rights. It is therefore not surprising that stateless people have, in many instances, been denied those rights and have been obliged to live in conditions of acute legal, physical and psychological insecurity. Despite, there are international conventions which provide the right to nationality to everyone, statelessness exist. Unfortunately, statelessness does not always arise in an accidental or incidental manner. Sometimes, governments take steps to denaturalize and expel whole sections of their population and leave them without nationality. o understand various reasons which have resulted in the increased cases of statelessness, consequences of Statelessness in individual as well as national context and to find out what can be done to effectively deal with this issue of statelessness, this research has been conducted. The message which has emerged at the end from the research clearly indicate that only conventions are not sufficient to tackle this serious problem, their ratification by maximum states and following these in practice, with no exception, is the need of the hour. It should be the primary duty of states to desist from actions that force people to abandon their homes and a corresponding obligation to create the conditions that will enable exiled populations to repatriate. Further, governments must acknowledge, both formally and in practice, that they do not have a right to withdraw or withhold the benefits of citizenship from whole sections of the population who can demonstrate a genuine and effective link with the country. newline