SOLVING STATELESSNESS
making it particularly relevant in addressing concerns regarding
the discriminatory causes and consequences of statelessness. State
compliance with CEDAW is monitored by the Committee on the
Elimination
of
Discrimination
against
Women.
NGOs
can
engage
directly with the treaty bodies responsible for monitoring CRC and
CEDAW by submitting alternative reports on States’ implementation of
the relevant Convention. These reports can be used to draw attention
to discriminatory causes of statelessness and the discriminatory
treatment of stateless persons who fall within the remit of each
Convention, and secure relevant recommendations by the treaty bodies
to States under review. Litigators who have represented stateless
persons at the national level may also consider bringing individual
complaints of discriminatory treatment to the treaty bodies.” Other
treaties including the Convention on the Rights of Persons with
Disabilities, ICCPR and ICESCR are also relevant in this regard.
The final key international mechanism through which the inequalities
of stateless persons can be raised is the Universal Periodic Review
(UPR) - a Human Rights Council mechanism through which the human
rights performance of every State is scrutinised by the international
community in four and a half year cycles. The use of this mechanism,
if coupled with sustained national level follow-up, can be a strong
avenue for promoting and protecting the rights of stateless persons
and raising awareness of their inequality.
As there is no single treaty against which States are scrutinised by this
mechanism (all human rights obligations are considered relevant), the
UPR process affords more flexibility and comprehensiveness than the
treaty bodies. However, this can also mean that the information that is
presented to the Human Rights Council and which forms the primary
basis for recommendations that follow lacks focus. NGOs have a role to
play in ensuring that strong evidence and information, which draws on
the universally accepted norms of equality and non-discrimination, is
submitted to the process.
The 23", 24" and 25 UPR Sessions (November 2015 - May 2016) in
which over 40 States were reviewed saw over 110 recommendations
7”
See, See, L. Bingham and L. Gamboa, “Litigating against statelessness”, chapter
5 in this book.
125