Statelessness Working Paper Series No. 2016/05
organisations. As a result, it has joined to more than 50 UN multilateral agreements and conventions.
Considering that the UN and its Human Rights Council80 (HRC) gather not less than 193 sovereign
countries, including all MENAT countries, consistent interorganizational synergies enjoy primary
preference in terms of the EU’s external human rights policy. The EU is an observer within the UN
system; hence it is not entitled to vote. Nonetheless, in light of Resolution A/65/276 adopted by the
UNGA in 2011,81 the EU was granted a wider range of participating rights in the UN system, allowing
EU representatives to present (previously circulated) EU positions, to make interventions, present
proposals and circulate EU communications as official documents. In the HRC, the EU position is
articulated either by EUDEL or an EU Member State representative intervening on behalf of the EU.
Even though both Member and Observer States of the HRC can make individual and collective
statements to raise a particular concern, Members of the HRC have greater room for action,
considering that they have voting rights in the HRC sessions on all resolutions. Therefore, EU Member
Stateswho are Members of the HRC have more influencing power to intervene and reach out to other
regional groups on behalf of the EU, with special regard to the African and Asia-Pacific Group, including
MENAT countries, on the margins of tabling resolutions in the HRC or the Third Committee of the
UNGA82which have already adopted resolutions relating to statelessness.83
Then the UN has dedicated Special Procedures most countries choose to align themselves with; Special
Procedures constitute Mandate Holders (Special Rapporteur, Independent Expert, Commission of
Independent Experts, Working Group) appointed by the HRC in line with related resolutions84. For
instance, in case of consent of the host government, the Special Procedure may visit the country of
concern, meet with government and NGO stakeholders, as well as visit places of interest, reporting on
it to the HRC. Very importantly, Special Procedures cover all states, irrespective of their UN
membership or accession to UN treaties. Thematic Special Procedures relating to statelessness include
the Special Rapporteurs on Discrimination against Women in Law and Practice, on Minorities, on the
Right to Education, on the rights of Indigenous Peoples, as well as on the human rights of Migrants.
Nevertheless, so far no resolution has mandated a thematic Special Rapporteur on statelessness that
would cover the issue globally making specific statelessness-related recommendations to concerned
governments. The willingness of the concerned government to cooperate with the rapporteur and
engage in the implementation of the recommendations depends also on the personal competences of
the mandate holder. 85 To give a personal reflection related to the work of Special Procedures on
statelessness, in a recent conference in November 2016 approaching to the end of her mandate, Ms.
Rita Izsák-Ndiaye, Special Rapporteur on minority issues concluded that sadly the vast majority of the
conclusions and recommendations made by her predecessor in 2008 remain mostly relevant today.86
The Universal Periodic Review provides further direct platform for advocacy efforts for EU Member
States within the HRC mechanism; in the framework of the UPR cycles, UN Member States are all
80
The HRC may adopt resolutions condemning states for human rights abuses, appointing Mandate Holders to monitor and
report on particular situations of concern, as well as establishing commissions of inquiry and fact-finding missions to
investigate country-speficic human rights abuses. Through these mechanisms, the HRC seeks to put political pressure on
governments to put an end to violations in their territories.
81 See: http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/65/276.
82 The Social, Humanitarian and Cultural Affairs Committee of the UN General Assembly generally discusses agenda items
relating to human rights issues, examining reports of the special procedures of the Human Rights Council and interacting with
them. In its work the Committee examines issues relating to the advancement of women, the protection of children,
indigenous issues, the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and
racial discrimination, and the promotion of the right to self- determination. All af these areas directly relate to the persistence
of statelessness.
83
General Assembly Resolutions Relating to Statelessness available at: http://www.unhcr.org/cgibin/texis/vtx/search?page=&comid=4a2527ca6&cid=49aea93a20&scid=49aea93a1a&keywords=stateless_res.
84 R Brett, Using the UN Human Rights Special Procedures to address statelessness, October 2015, ENS blog entry.
85 ibis at 79.
86 Report of the independent expert on minority issues, Ms. Gay McDougall, A/HRC/7/23, adpted at the 7th HRC session
under Agenda Item 3 on 28 February 2008.
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