2021
Statelessness & Citizenship Review
3(1)
Moldova, Ukraine and Turkey constitute a good practice that should be
recognised, used as guidance and reinforced through further modifications of
current SDP norms, implementation rules or future SDP norms adopted by states.
The national civil registry system or the relevant competent authority on
citizenship should have the last word on citizenship, in close coordination with the
institution that conducts the SDP. Inter-institutional consultations at a national
level and any administrative or judicial decision must be done without delays and
should adopt a differentiated approach when applicants present vulnerabilities,
such as children or persons with disabilities. An expedited mechanism on behalf
of the applicant between the jurisdiction where the SDP takes place and the
national civil registry system still constitutes a challenge, unless both jurisdictions
and competencies are assigned by law to one state entity or agency.
In addition, express safeguards on SDP legislation, such as those analysed in
this article, break with the presumption that the applicant is foreign and constitute
a legal basis for official statistics. The data of applicants who could be nationals
of the state identified through an official SDP mechanism should be published by
the civil registry system and by the authority that conducts the SDP. This
information would benefit the analysis of decision makers on policies concerning
nationality and statelessness.
Finally, states must ensure that the recognition of nationality is the first and
fastest road towards ending statelessness. Supporting state policies which move
towards naturalisation, instead of recognising the right to nationality for those
entitled to it, constitutes a symptom of a sickness not yet eradicated. Therefore,
naturalisation as a political, humanitarian or pragmatic solution against
statelessness should be avoided or adopted as a last resort.
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