Assessment of the #IBelong Campaign
in Kyrgyzstan is one example of what can be accomplished when each has a
prescribed role to play and collaborates in the undertaking. Strengthening
partnerships on statelessness is critical to advance and support the pledges made
and those yet to materialise as part of the #IBelong Campaign.
VISION AND OWNERSHIP AT NATIONAL LEVELS
The right to a nationality as articulated in art 15 of the 1948 Universal Declaration
of Human Rights is a clear statement of entitlement applicable to all people. 26
However, the grant of a nationality is still considered a matter of state sovereignty,
an act performed by a state, deliverable only at the national level. This can leave
quite a gap between the abstract notion of an individual right of all people and a
specific action by a national authority to ensure the grant of nationality to a specific
person. States should be encouraged to establish a political vision that is
aspirational with regard to nationality. Benefits of inclusion far outweigh
limitations inherent in exclusive policies. The goal to end statelessness is most
effectively achieved if set at the national level, ensuring all people can contribute
to the society and community within which they live. A good step for every state
is to establish a national plan of action to end statelessness.
ENDING GENDER BARRIERS TO NATIONALITY DETERMINATION
One hallmark of how inclusive a society is must surely be whether all of its citizens
are equally represented. Denying women the ability to convey their identity and
nationality to their children or to their spouse is therefore counterintuitive with
regard to the representation of women in the society as a whole, in addition to
generating cases of statelessness in multiple instances. Any legal impediments to
advancing gender equality in nationality determination should be identified as
critical areas of focus for the remainder of the Campaign.
ENDING THE RISK OF STATELESSNESS AT BIRTH
Most states grant nationality to a child by virtue of birth on the state’s territory or
through descent from a national, with as many variations on the jus soli and jus
sanguinis approaches as there are states. A very simple formula to end
statelessness within a generation would be that all states grant nationality to
children either born on their territory or descended from their nationals where the
child would otherwise be stateless.
INTRODUCING COMPREHENSIVE SYSTEMS TO IDENTIFY AND RESOLVE
STATELESSNESS.
There is now a great deal of state practice and experience on how to identify
statelessness, how to establish who is stateless, resolving cases internally as well
as with other states, and introducing practices that will avoid instances of
statelessness in the future. The 1954 and the 1961 Statelessness Conventions
respectively outline how to identify statelessness, ensure a legal status and prevent
future cases. As is the case with regard to any risk, it is easier to mitigate the
26
Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, UN Doc A/810 (10
December 1948) art 15.
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