in navigating the application process. Where naturalisation is used for political reasons, or to benefit
economically powerful individuals, it discredits the process for ordinary applicants.
It is striking how much misinformation there is in general circulation about nationality administration.
Little information is officially published, the law is often misunderstood, and wildly inaccurate
assumptions abound about the numbers of people naturalised or granted nationality of origin on
fraudulent grounds. Harmonisation of the laws across the region would enhance understanding of the
rules in place; better publication of the rules and the decisions made in relation to nationality would
assist to restore faith in the system; and support for legal assistance to those who have difficulties in
establishing their nationality would greatly help under any legal regime.
6.5. Nationality administration is uncoordinated and incoherent
Nationality law and administration are typically thought of as the responsibility of only one
government ministry – usually the Ministry of Justice (in the civil law countries) or the Ministry of
Home Affairs or the Interior (in the common law countries). Yet multiple government departments
and agencies are responsible for different aspects of nationality administration, and their
interventions are rarely coherently linked together. Among the government functions that have
important roles to play in the process of establishing a person’s nationality are:
Civil registration, especially birth registration
Judicial confirmation of nationality
National identity card systems (where they exist)
Issuing of passports and other travel documents
Refugee protection
Child protection
Electoral registration
Border management and immigration control (visitors’, work and residence permits)
Censuses
These functions are typically split between several government departments and agencies (or may
even have one each).
Nationality administration is thus a complex system, not just one piece of legislation (the nationality
law) and its subsidiary regulations, decrees or administrative directives. To understand the risks of
statelessness in any particular country, it is necessary at minimum to consider those agencies
responsible for issuing different kinds of identity documentation, including birth certificates, identity
cards, passports and other travel documents, electoral cards, and refugee status documents. In
addition, it may be necessary to consider the functioning of the court system (especially in the civil
law countries) and of the decentralised administrative units responsible for accepting applications for
documents at the lowest levels.
This confusion of systems at the national level is reflected in international aid relating to identification.
There is major support to birth registration from UNICEF, as well as NGOs such as Plan International;
election administration has support from UNDP, national UN offices and other agencies; other donors
support justice sector or administrative reform; UNFPA will advise on census administration; IOM
provides assistance for border management and identity documents, especially passports (including
securing them from the relevant authorities for stranded migrants without documents); and UNHCR
engages on the reduction of statelessness and protection of stateless persons as well as refugees. Yet
93
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents