2019
Statelessness & Citizenship Review
1(2)
running to 2024 suggests that while there is interest and political will to address
statelessness, it is not yet universal in scope, aspiration or timeframe. 24
By way of example, 25 states globally are reported to have inequality in
legislation between men and women with regard to nationality determination.25
Of these 25 states, seven are listed as having extremely limited circumstances if
any for women to convey their nationality to their children which, without
safeguards in place, creates a high risk of statelessness. Early analysis of pledges
received indicates that only one of these seven states, Eswatini, pledged to change
this situation. This means that without further action, discrimination against
women in the conferral of nationality to children will be maintained in certain
states, and additional cases of childhood statelessness are likely.
As another measurable example, and again based on an early analysis of
pledges received, 15 states committed to accede to the 1954 Convention while 21
states committed to accede to the 1961 Convention. These additional states parties
would bring the total to 108 and 95 for the 1954 and the 1961 Statelessness
Conventions respectively by 2024, an important increase but not yet universal in
scope.
A similar analysis can be made with regard to other pledges received for
example on the collection of data concerning statelessness, and so on. There may
be more states that are considering taking action despite not making a pledge.
Robust advocacy toward ending statelessness in all states, with or without pledges,
is certainly one critical area where strengthened review, collaboration and
partnership will be needed. Indeed, one of the key outcomes of the High-Level
Segment on Statelessness is a better understanding of where future efforts are
required to reach the Campaign goal of ending statelessness by 2024.
Overall, therefore, if all received pledges are implemented, important strides
will continue to be made. However, at this pace we cannot expect to see a complete
end to statelessness in five short years. While a reduction in the number of stateless
cases and the prevention of many future cases is certainly desirable and an
achievement in its own right, assuming momentum is maintained, nothing less
than the complete eradication of statelessness should be the goal given the severe
deprivation caused in the lives of those who still are or will become stateless.
At this juncture, therefore, some critical areas for focus include the following.
STRENGTHENING PARTNERSHIPS
Statelessness is not a problem with regard to law only. Changing perceptions about
nationality entitlement is often a precursor to the introduction of legal
prescriptions. An ‘us versus them’ confrontational methodology typically leads to
fewer and more short-lived results, while consultative engagement and
accountability ensures a role for all in achieving lasting dividends. Partnership
between the state, civil society, stateless populations and concerned organisations
24
25
A brief extension period was given post-Executive Committee for those who wished to submit
pledges or who made oral pledges to provide them formally in writing. Moreover, while most
pledges were clear, there is an ongoing clarification exercise taking place with regard to some
of the commitments outlined. While it is still therefore early days with regard to a detailed
analysis of the full set of final pledges, there will not be significant changes now in the number
and nature of pledges received as part of the ExCom High-Level Segment on Statelessness.
See Background Note on Gender Equality, Nationality Laws and Statelessness 2019 (Report,
United
Nations
High
Commissioner
for
Refugees,
8
March
2019)
<https://www.refworld.org/pdfid/5c8120847.pdf>.
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