2021
Statelessness & Citizenship Review
3(1)
Despite this safeguard, Costa Rica does not publish data concerning nationals
identified through the SDP and referred to the civil registry system. As of 2020,
the official data reported 89 cases that were recognised as stateless and 136 files
that remain active. 79 Costa Rica has a mixed system of nationality acquisition (jus
soli and jus sanguinis), nevertheless, the most relevant statelessness situation has
been in situ stateless or in situ populations at risk of statelessness. 80 Thus, it is
possible that in situ stateless populations could apply to the SDP and be identified
within this procedure.
Paraguay: Law No 6.149 ‘Protection and Assistance to Enable
Naturalisation for Stateless Persons’ (‘Law No 6.149’) 81
Article 52 of Law No 6.149 contains the procedure for late birth registration.
When the National Commission for Stateless and Refugees (‘CONARE’),
determines, based on the documentation and facts presented on the application or
interview, that the person would have been born in the territory of the country
without properly nor timely birth registration, the process will be suspended and
the case referred to the competent authority to proceed with the late birth
registration, accordingly. If this procedure has concluded without the person being
registered as a national, an administrative or judicial final decision will be
communicated to CONARE to continue the statelessness determination procedure.
Article 65 contains a presumption of nationality. It states that:
no person will be officially considered stateless if, given their disability condition,
they cannot be understood by others, through other persons or by other means, and
as result, cannot demonstrate they are a national of the country or have a right to
nationality of the country. In these cases, CONARE´s Executive Secretary will
refer the case for verification or grant the nationality, and in cases of doubt will
decide in favour of nationality status.
The law relies on CONARE’s discretion to identify whether the applicant could
be a national of the state and refer the case to the national civil registry system.
The civil registry will then investigate if the applicant could be a national of
Paraguay.
79
80
81
Comisión Interamericana de Derechos Humanos, Lanzamiento del informe sobre debido
proceso para la determinación de persona refugiada o apátrida (YouTube, 19 December
2020) 00:28:00–00:35:00 <https://www.youtube.com/watch?v=KL_wSC-okjQ>.
In Costa Rica, some indigenous populations and their offspring, such as the Ngäbe-Buglé
people, who migrated from Panamá to Costa Rica to work on plantations, have been at risk
of statelessness given the lack of birth registry. This includes abandoned children. Between
2017–19, 6,300 cases were filed for birth registry in Costa Rica. Costa Rica, in collaboration
with Panama, adopted a specialised model for eradicating the risk of statelessness and
providing access to civil registries for indigenous populations, especially in border zones. In
this regard, Costa Rica made the requirements for access to late birth registration flexible,
with a distinct focus on indigenous populations. ‘Proyecto ‘Chiriticos’ benefició a cientos de
indígenas Ngäbe-Buglé en Sixaola’, UNHCR (Blog Post, 9 August 2017)
<https://www.acnur.org/noticias/noticia/2017/8/5b0c1d5311/costa-rica-proyecto-chiriticosbeneficio-a-cientos-de-indigenas-ngaebe-bugle-ensixaola.html#:~:text=Las%20personas%20Ng%C3%A4be%2DBugl%C3%A9%2C%20que,
no%20registro%20de%20los%20nacimientos>; Estudio Regional sobre Inscripción Tardía
de Nacimientos, Otorgamiento de Documentos de Nacionalidad y Apatridia (Report, UNHCR
December 2020) 40, 45, 75, 107.
As of December 2019, Paraguay reported that it had not yet received SDP applications. Good
Practice Paper 2020 (n 3) 42; Paraguay: Paraguayan Act No 6.149 (n 68).
78