UNHCR, APRIL 2023 REFUGEES FROM GENERATION TO GENERATION (that is, does not acquire the nationality of the state of birth).151 It does not, however, include specific provisions governing the situation of the children of refugees. The laws of many countries establish procedural requirements for the nationality of children born abroad to be recognised: in particular, that the births are registered not only in the country of birth but also that this registration is then transcribed into the population register of the country of origin. If these procedures are not completed (before majority in some cases), the child does not legally acquire nationality. But refugees cannot generally approach the authorities of their country of origin, since to do so would put their refugee status at risk, or (even if not officially recognised as refugees) they may be afraid of the consequences. These difficulties mean that the nationality of refugee children born outside their parents’ state of nationality remains uncertain. This uncertainty is multiplied with each succeeding generation.152 UNHCR Guidelines on the interpretation of the provisions of the 1961 Convention on the Reduction of Statelessness note that “Where the nationality of the parents can be acquired through a registration or other procedure, this will be impossible owing to the very nature of refugee status which precludes refugee parents from contacting their consular authorities. In such circumstances where the child of a refugee would otherwise be stateless, the safeguard in Article 1 will apply.” However, “where the child of a refugee has acquired the nationality of the State of origin of the parents at birth, it is not desirable for host countries to provide for an automatic grant of nationality under Article 1(1) of the 1961 Convention at birth, especially in cases where dual nationality is not allowed in one or both States. Rather, States are advised that refugee children and their parents be given the possibility to decide for themselves, whether or not these children acquire the nationality of the State of birth, taking into account any plans they may have for future durable solutions (e.g. voluntary repatriation to the State of origin).”153 As noted above (heading on birth registration and civil registration generally) these complications about the application of the laws of other countries mean that it is not generally advisable that the nationality of a child be recorded in birth certificates. UNHCR advises that in general birth certificates should not record the nationality of the child, but that if a field for child’s nationality exists on a birth certificate, it should be left blank where nationality is unclear.154 This is especially likely to be the case if the parents are long-term refugees who have no nationality documents from the country of origin. An inquiry should then be undertaken to determine the child’s current nationality status, or right to acquire nationality under the laws of any relevant state, including the state of birth if the child is stateless. In resolving these cases, the best interests of the child should be the overriding consideration. 155 Dual nationality The historical principle established by international law was that dual or multiple nationality should be avoided. While it would be too soon to say that an international legal norm to permit dual nationality has developed, the 1997 European Convention on Nationality requires states to allow multiple nationality at least for children or in case of automatic acquisition through marriage. 156 The trend of practice among 151 Convention on the Reduction of Statelessness, art.4. 152 Gábor Gyulai, ‘The Long-Overlooked Mystery of Refugee Children’s Nationality’, in The World’s Stateless: Children (Tilburg, NL: Institute on Statelessness and Inclusion, 2017), 242 –47, https://children.worldsstateless.org/3/migration-displacement-and-childhood-statelessness/the-long-overlookedmystery-of-refugee-childrens-nationality.html; Manby, ‘“Legal Identity for All” and Statelessness’. 153 UNHCR, ‘Guidelines on Statelessness No. 4’, paras 27–28. 154 Brief UNHCR, Child protection Issue https://www.refworld.org/docid/523fe9214.html. : Birth Registration, August 2013 155 African Charter on the Rights and Welfare of the Child, Article 4; Convention on the Rights of the Child, Article 3. See also ACERWC General Comment on Article 6. 156 European Convention on Nationality, 1997, Preamble and Articles 14 –16. 53