STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY o       Establish an accessible procedure for the confirmation of nationality, based on testimony and other forms of proof as well as birth registration, and the issuance of a document that is conclusive proof of nationality unless overturned by a court. Review the conditions and procedures for naturalisation to provide clear limits to the excessive discretion to grant or refuse naturalisation. Conditions should be clearly described and advertised, not be overly onerous to fulfil, and should not discriminate against any particular ethnic, religious or racial group. Decisions that a person does not fulfil the conditions for naturalisation should be reasoned, and subject to challenge in court. Ensure that domestic legislation on nationality ensures a right to nationality, and documents to prove it, for vulnerable children, including abandoned infants and children who are unaccompanied or separated from their parents. Review laws and procedures to ensure that they are adapted to contemporary East African realities, including to create systems for access to nationality from birth for nomadic and border populations, as well as the descendants of migrants and refugees. Provide in law for decisions by the executive to deprive a person of nationality, or to refuse to recognise claimed existing nationality, to be reasoned and subject to review and appeal by the courts. Provide in law for administrative and judicial procedures for the determination or certification of nationality where that is in doubt and for issuance of a document that is conclusive proof of nationality, including the right to appeal in case of rejection. Provide in law for rapid and effective administrative review of decisions relating to entitlement to identity documents (complaints systems) and also facilitate low-cost access to an independent judicial authority for adjudication of those decisions, as well as permitting appeal to the normal courts responsible for similar matters. Nationality administration EAC Partner States should adopt measures to increase accessibility, due process, transparency and efficiency in nationality administration, including by:         88 Publishing annual statistics on nationality procedures, including issuance of identity documents and naturalisations, and percentage of applications refused in each case. Conducting public awareness campaigns on the need for and procedures to obtain birth registration and other documentation, especially in border areas, among nomadic populations and in the poorest neighbourhoods. Clarifying which department or agency is responsible for the consideration and resolution of cases of statelessness. This should be the body with nationality matters among its responsibilities, combined with the courts for review or appeal of certain decisions. Improving the current operation and archiving of civil registration systems, aiming to achieve free, accessible, and universal registration of births, including for children of migrants, refugees, nomadic populations and other marginalised groups. Providing or facilitating legal and other assistance for those who are seeking proof of nationality, especially during periods when new procedures or law reforms are introduced. Ensuring that any vetting systems to verify a person’s citizenship are established by law, apply to all applicants equally, have clear criteria and procedures, allow the right to be heard in person or by a representative, and provide for decisions to be issued within a reasonable period and for a negative response to be reasoned and delivered in writing. Ensuring that costs related to nationality administration and identification do not prevent people from obtaining the documents to which they are entitled in law. Taking urgent measures to ensure universal birth registration and strengthen civil registration systems more generally. UNHCR / September 2018

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