Breaking the Presumption to meet those requirements, 54 launch nationality campaigns and advocate for such restoration. 55 Additionally, in contexts where in situ stateless persons are entitled to the right of nationality under national laws, applicants could be forced to apply for naturalisation or residency through special procedures — including through SDP — and can expect to receive ‘at the very least, permanent residence with facilitated access to nationality’. 56 This forced naturalisation may make them a second-class citizen. This is a double victimisation: the applicant’s right to nationality is not recognised despite being entitled to it, and they could also be considered ��foreign’ or ‘stateless’ in their own country. 57 Where the applicant has the right to nationality but has no option other than to apply to an SDP as a foreigner in order to access naturalisation, the Inter-American Commission of Human Rights suggests that states ‘refrain from impeding access to procedures for determining statelessness status by persons forced to resort to them’. 58 UNHCR seems to have accepted this solution from a practical and humanitarian perspective and as a last resort: ‘practical and humanitarian considerations point towards local solutions through naturalisation’. 59 SDP procedures must be applicable in principle to ex situ stateless populations and, once they are recognised as stateless, the law should facilitate their access to documentation and naturalisation. 60 In addition, SDPs could be an option for applicants who are in situ stateless but not subject to discrimination. For example, first generation children born in a state that does not recognise jus soli or does not provide a safeguard against statelessness. 54 55 Statelessness Determination Procedures, Identifying and Protecting Stateless Persons (Report, UNHCR 2014) 4: ‘[I]t is generally not appropriate to delay solutions for stateless people in these situations by having them apply for recognition as stateless persons through a determination procedure’. Guidelines on Statelessness No 2: Procedures for Determining Whether an Individual is a Stateless Person, UN Doc HCR/GS/12/02 (5 April 2012) [6]–[7] (‘Guidelines No 2’), cited by Statelessness Determination (n 37) 5 n 8: Depending on the circumstances of the populations under consideration, States might be advised to undertake targeted nationality campaigns or nationality verification efforts rather than statelessness determination procedures. Guidelines No 3 (n 39) [46] n 40; Good Practice Paper 2020 (n 3) 3: Where States have created stateless populations in their territory, they may well be unwilling to introduce statelessness determination procedures or grant stateless persons the status recommended. In such cases UNHCR’s efforts to secure solutions for the population in question may go beyond advocacy to technical advice and operational support for initiatives aimed at recognizing the link between such individuals and the State through the grant of nationality. 56 57 Guidelines No 3 (n 39) [46]; Procedures for Determination of Refugees and Statelessness (n 8) 127 [348]. General Comment 27 (n 41) 20: The scope of ‘his own country’ is broader than the concept ‘country of his nationality’. It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. 58 59 60 Procedures for Determination of Refugees and Statelessness (n 8) 127 [350]. Guidelines No 3 (n 39) (12). Understanding Statelessness Contexts in Europe (n 38); Procedures for Determination of Refugees and Statelessness (n 8) 156. 73

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