Stateless Indigenous People(s): The Right to a Nationality, Including Their Own

Tilburg Law Review, 19 (2014), 98-107

10 Pages Posted: 25 Sep 2014  

Willem van Genugten

Tilburg Law School

Anna Meijknecht

Tilburg University

Bas Rombouts

Tilburg University

Date Written: September 25, 2014

Abstract

According to the 2007 UN Declaration on the Right of Indigenous Peoples, every indigenous individual has the right to a nationality. The present paper focuses on the right to a nationality as a ‘gateway’ to the recognition of a plurality of other rights. Doing so, two issues are given special attention: 1) the lack of adequate birth registration and the consequences of this ‘false start’ for other rights, such as, again, the right to a nationality; 2) The recognition of indigenous identity papers: while regularly Indigenous Peoples do not want to establish an independent sovereign State, many of them strive for the recognition of their own Indigenous identity papers. The paper discusses some of the advantages and consequences thereof.

Keywords: Indigenous people; statelessness; nationality rights

JEL Classification: K33

Suggested Citation

Genugten, Willem van and Meijknecht, Anna and Rombouts, Bas, Stateless Indigenous People(s): The Right to a Nationality, Including Their Own (September 25, 2014). Tilburg Law Review, 19 (2014), 98-107. Available at SSRN: https://ssrn.com/abstract=2501295

Willem van Genugten (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

Anna Meijknecht

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands

Sebastiaan Rombouts

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands

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