A/HRC/60/42
protection and solidarity. He stressed the importance of international cooperation in
providing refuge and recognition to stateless persons.
13.
Bronwen Manby, a lecturer at the School of Advanced Study, University of London,
Senior Visiting Fellow at the London School of Economics and Political Science and Africa
Coordinator for the Global Citizenship Observatory of the European University Institute in
Florence, opened by stressing the importance of the right to nationality, enshrined in article
15 of the Universal Declaration of Human Rights, which asserted that everyone has the right
to a nationality and that no one shall be arbitrarily deprived of his or her nationality. That
right served as a foundation for accessing all other human rights. A stateless person, as
defined in the Convention relating to the Status of Stateless Persons, was someone not
considered as a national by any State under the operation of its law. Identifying such
individuals involved complex legal and factual analysis, as outlined in the UNHCR handbook
on protection of stateless persons.
14.
Ms. Manby expressed concern that, despite its universality and its inclusion in various
international and regional human rights instruments, discrimination on the grounds of sex,
race, ethnicity, religion and other factors in nationality laws and procedures continued to be
the basis for the denial of the right of nationality for millions of individuals across the globe.
Although 90 per cent of countries did not have explicit discriminatory provisions in their
nationality laws, 10 per cent still did, with a higher prevalence of such provisions in regions
such as Africa and Asia. Ms. Manby underscored in particular that in 24 countries, women
did not have the same right as men to confer nationality. She also pointed out forms of
exclusion based on race, ethnicity or religion in countries such as Brunei Darussalam, Liberia,
Sierra Leone and Uganda. Discrimination might be codified in laws or manifested in
procedures that disproportionately affected marginalized communities. Nationality regimes
were often complex, involving civil registration, family law and administrative procedures
that could inadvertently lead to statelessness. In post-colonial contexts, arbitrary borders that
had been drawn without regard to ethnic or cultural realities had further exacerbated
statelessness, particularly in Africa. Ms. Manby drew attention to the heightened risks faced
by migrants, nomadic populations and vulnerable children who might inherit statelessness
from their parents. Discriminatory laws not only led to statelessness, but also caused
violations of other human rights, including freedom of movement, political participation and
access to education, healthcare and work. Ms. Manby concluded by emphasizing the grave
impact of statelessness on human dignity, noting that denial of nationality often served as a
precursor to conflict and instability.
15.
Subin Mulmi, a human rights lawyer and researcher and the executive director of the
Nepal-based non-governmental organization (NGO) Nationality For All, began by giving an
overview of statelessness in the Asia and the Pacific. He noted with concern that, as of the
end of 2023, the region was hosting an estimated 2.5 million stateless persons, nearly
50 per cent of the global total, according to the UNHCR global trends report. However, that
figure was likely a significant undercount due to weak national identification systems,
political sensitivities in reporting statelessness figures, and the legal invisibility of stateless
populations.
16.
Mr. Mulmi noted that most countries in the region followed a jus sanguinis
(descent-based) model of citizenship acquisition. A total of 22 countries in the region allowed
children to acquire citizenship from a parent regardless of birthplace and 17 countries
imposed birthplace-based distinctions. Four countries – Brunei Darussalam, Kiribati,
Malaysia and Nepal – retained gender-discriminatory laws that inhibited women’s ability to
pass nationality to their children on the same terms as men. Nine countries restricted the
ability of married women’ to confer their nationality on their foreign spouses. Those laws
disproportionately disadvantaged women, thus reinforcing unequal citizenship rights across
generations. Mr. Mulmi illustrated, through country examples, how ethnic and gender
discrimination intersected. In Myanmar, citizenship was denied to members of groups that
were not listed among the 135 officially recognized “national races”, leading to the exclusion
of the Rohingya. In Brunei Darussalam, nationality was limited to the “Indigenous Malay
race”, thereby excluding various ethnic groups and compounding ethnic and gender
discrimination. In Nepal, children born to Nepali mothers and foreign fathers did not have
equal access to nationality. In Malaysia, a recent constitutional amendment allowing women
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