Rationale for a Regional Toolkit on Nationality Legislation
Access to a nationality provides significant benefits on both an individual and
community level. Belonging is a foundation for people to thrive, reach their
potential and be more secure in their families, communities and countries.
Increasing inclusion, participation and belonging can strengthen local and
national economies, lead to higher educational attainment and improve
social cohesion and stability. People with a nationality are more easily able to
obtain identity documents, access to the labour market beyond the informal
sector or underground economy, are more likely to own property, move
about freely and more meaningfully and directly contribute to economies
and communities. The increased sense of belonging to a community which is
fostered when people are able to enjoy their right to a nationality is likely to
lead to an increase in stability and security within their home States.21
The Toolkit on Nationality Legislation is developed as a tool to support States
that may be interested in updating elements of their nationality law. States
may wish to revisit some aspects of their nationality laws due to the fact that
many were originally promulgated by foreign governments, at a time when
the international rules governing nationality were significantly different
to the present moment. British and French legal systems had an influence
on the region in the first half of the 20th Century through a mix of colonial,
protectorate and mandate rule.22 The British and French norms strongly
influenced the initial post-independence nationality acts of many States
in the region, the central tenets of which have largely remained in place
to this day. 23 Since these laws were enacted, there have been important
developments in international law, which reflect an emerging consensus that
all people have the right to a nationality. The disparity between some existing
laws and the current international and regional legal norms provide a strong
impetus for change.
Additionally, social phenomena, such as globalization and conflict, have
altered the conditions by which people acquire nationality. Global and
regional crises threaten to leave millions of people, including children, in
the margins. Conflict and the resulting large-scale displacement may put
children at risk due to increased family separation, the non-functioning
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