12
Preventing Statelessness Among Migrants and Refugees
status.20 The (non-binding) commitments to ‘legal identity’ and documentation set out
in the SDGs and Global Compacts complement these provisions; although they arguably
provide a lower level of protection.21
There is, however, little guidance in international law on the rights of people outside
their country of nationality to access consular assistance to preserve their nationality and
identity.22 The Global Compact on Migration does, however, establish a commitment to
‘ensure adequate, timely, reliable and accessible consular documentation to our nationals
residing in other countries, including identity and travel documents.’23
The situation of refugees and their children is particularly challenging, despite provisions
in the UN Refugee Convention intended to govern recognition of personal status documents issued in another country.24 If an asylum seeker or refugee seeks consular assistance
in relation to obtaining copies of such documents, the host country or UNHCR may consider that the refugee ‘voluntarily re-availed himself of the protection of the country of
nationality’ and that refugee protection ceases to apply.25
See for example, ‘Birth registration and the right of everyone to recognition everywhere as a person
before the law: Report of the Office of the United Nations High Commissioner for Human Rights’, UN
General Assembly, A/HRC/27/22, 17 June 2014, and associated resolutions of the Human Rights Council.
21
Bronwen Manby, ‘Legal identity for all and childhood statelessness’, in The World’s Stateless: Children,
Institute on Statelessness and Inclusion, 2017, at http://children.worldsstateless.org/3/childhood-statelessness-and-the-sustainable-development-agenda/legal-identity-for-all-and-childhood-statelessness.
html; Bronwen Manby, ‘Identification in the Context of Forced Displacement’, Washington, DC: World
Bank, Identification for Development Initiative, June 2016; Amal de Chickera, ‘GCM Commentary:
Objective 4: Ensure That All Migrants Have Proof of Legal Identity and Adequate Documentation’,
Refugee Law Initiative (blog), 8 November 2018, https://rli.blogs.sas.ac.uk/2018/11/08/gcm-commentary-objective-4/; Tendayi Bloom, ‘Statelessness and the Global Compact for Safe, Orderly and Regular
Migration’, European Network on Statelessness (blog), 4 December 2018, https://www.statelessness.eu/
resources/statelessness-and-global-compact-safe-orderly-and-regular-migration-policy-brief
22
The international law relates largely to the rights of states to offer assistance, and of migrants to be
informed of the availability of assistance that exists, but not to the obligations of states to provide assistance. Vienna Convention on Consular Relations, 1963, Article 5; Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, 1990, Articles 7 and 65(2); Inter-American Court of Human Rights, Advisory Opinion Oc-16/99 of 1 October 1999, requested by the United Mexican
States: ‘The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due
Process of Law’.
23
Global Compact for Safe, Orderly and Regular Migration, para 20(c).
24
Jinske Verhellen, ‘Cross-Border Portability of Refugees’ Personal Status’, Journal of Refugee Studies vol.
31, no. 4 (2018), pp. 427–43; James C. Hathaway, The Rights of Refugees under International Law (Cambridge: Cambridge University Press, 2005), chap. 3.2.4; Vincent Chetail, ‘Les Relations Entre Droit
International Privé et Droit International Des Réfugiés: Histoire d’une Brève Rencontre’, Journal de
Droit International, vol. 141, no. 2 (2014), pp. 447–75.
25
Article 1 C of the 1951 Refugee Convention provides that: ‘This Convention shall cease to apply to any
person falling under the terms of section A if: (1) He has voluntarily re‑availed himself of the protection
of the country of his nationality’. See also, UNHCR, Handbook on Procedures and Criteria for Determining
Refugee Status and Guidelines on International Protection under the 1951 Convention and the 1967 Protocol
Relating to the Status of Refugees, Reissued Geneva, February 2019.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents