QUICK GUIDE 1 - DESK REVIEW
QUICK GUIDE 1 - DESK REVIEW
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Key questions to answer through the legislation and
policy review
•
What principal legislation exists in relation to nationality (and
statelessness) in the country or countries under study?
•
Is the country in question a party to the 1954 and 1961
Statelessness Conventions? Any reservations?
•
Is the country in question a party to other relevant international or
regional instruments? Any reservations?
Look at whether the country is party to: The International Covenant
on Civil and Political Rights (ICCPR); The Convention on the Rights
of the Child (CRC); The Convention on the Elimination of
Discrimination Against Women (CEDAW); The Convention on the
Elimination of All Forms of Racial Discrimination (CERD); The
Convention on the Rights of Persons with Disabilities (CRPD); The
Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families; Relevant regional instruments.
•
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What are the ways in which nationality is acquired and lost in the
country?
•
Does the legislation require that nationals hold proof of nationality
or documents that help to prove an entitlement to nationality? Does
the legislation, policy or administrative framework set out the
process for acquiring such documentation?
•
Does the legislation comply with key international standards?
Article 1 of the 1954 Convention; Articles 1, 2 and 4 of the 1961
Convention; Articles 7 and 8 of the CRC and Article 24 of the
ICCPR; Articles 9(1) and 9(2) of the CEDAW; Articles 2 and 5 of the
CERD and Article 2 of the ICCPR?; Article 18 of the CRPD; Article 9
of the 1961 Convention; Does the legislation establish a
statelessness determination procedure? Article 32 of the 1954
Convention?
U N H C R > R E S E A R C H I N G S TAT E L E S S N E S S - Q U I C K G U I D E S
Existing research
Relevant academic disciplines for statelessness research include law, politics,
international relations, geography, sociology, demography and anthropology. Check with
local academic and NGO partners, if they are aware of any locally produced research
of relevance. Regional NGO statelessness networks such as the European Network
on Statelessness, the Statelessness Network Asia Pacific, the Americas Network on
Nationality and Statelessness and the Citizenship Rights in Africa Initiative or the global
NGO Institute on Statelessness and Inclusion may be able to identify existing or ongoing
research of relevance. Other relevant NGO networks, such as those working on child
protection, minority rights or migration may also be avenues for accessing existing
research. Research institutes, such as the Peter McMullin Centre on Statelessness at the
University of Melbourne, may also be able to point to relevant resources.
Government-sponsored research on statelessness is rare, and where it exists, it tends to
have been undertaken in collaboration with UNHCR. Nonetheless, and where possible,
it is worth checking with relevant Government counterparts or competent authorities
whether they have any existing research or data that they can share. This will often be
in the form of statistics derived from population census data. Regional bodies may have
also published research on statelessness.
UN Agencies, such as UNHCR, UNICEF, UN Women and UNDP may have undertaken
or commissioned research on particular populations that are stateless or at risk of
statelessness through the lenses of their respective mandates. For example, UNICEF may
have undertaken research on the prevalence of birth registration amongst marginalised
population groups that could also be stateless.
Media
The media, both traditional and digital, can provide useful information. It is helpful to
establish clear parameters around media searches, including a time-frame and a broad
and diverse range of sources to consult. It is important to take note of contexts in
which mainstream media are State-sponsored. Where relevant, journalists can also be
consulted as part of the primary data collection phase.
U N H C R > R E S E A R C H I N G S TAT E L E S S N E S S - Q U I C K G U I D E S
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