and enter one’s “own country” is not limited to citizens of the country, with
the UN Human Rights Committee clarifying that this right is also enjoyed
by stateless persons in relation to their country of habitual residence.9 It
is important to recognize that each individual, whether or not they hold a
nationality, possesses human rights under international human rights law.
For the most part, international human rights treaties do not distinguish
between citizens and non-citizens when requiring that states respect the
fundamental human rights of those within their jurisdiction or control.
One chief exception is the right to political participation, which is generally
reserved for citizens of a given country.10 Though States have an obligation
to ensure that fundamental human rights are enjoyed by all people within
their jurisdiction or control, including those who do not possess a nationality,
the practical enjoyment of these rights in reality and implementation is often
compromised due to formulations in domestic law and policy. As a result,
individuals without a nationality are often denied access to basic services
and rights such as the ability to establish legal residence, travel, work in
the formal economy, send children to school, access basic health services,
purchase or own property, and vote.
Many of the international treaties which have an impact on nationality law
are either universally or widely acceded to amongst LAS member States.
For example, the 1989 Convention on the Rights of the Child (hereinafter
CRC)11, to which all LAS member States are party, stipulates that each
child has a right to a nationality and an identity from birth. Additionally,
the 1966 International Convention on the Elimination of All Forms of
Racial Discrimination (hereinafter CERD)12, the 1979 Convention on the
Elimination of all Discrimination of Women (hereinafter CEDAW)13 , the
International Covenant on Civil and Political Rights (hereinafter ICCPR), and
the 2007 Convention on the Rights of Persons with Disabilities14 all contain
important provisions relating to the right to acquire a nationality. The most
comprehensive treaty in relation to nationality is the 1961 Convention
on the Reduction of Statelessness (hereinafter 1961 Convention).15 The
1961 Convention provides a framework of rules relating to the acquisition,
renunciation, loss and deprivation of nationality. Though the 1961 Convention
has not yet been acceded to by many LAS member States, the treaty remains
useful as a source of norms that have been accepted by the international
community. LAS member States are encouraged to consider acceding to the
1961 Convention in conjunction with making any changes to their nationality
7