Non-discrimination is a core international principle and human rights law deals with the
treatment of nationals and non-nationals alike – recognising distinctions in the enjoyment
of rights by these two groups as legitimate in only limited, exceptional cases.
Nevertheless, the reality is that stateless persons across the globe find themselves unable
to access their basic rights and freedoms in broad contrast to the human rights obligations
of states. In the MENA region, participants noted that problems may be further
exacerbated as the notion of human rights for all has yet to be fully realized and access to
a variety of government services may be deemed a question of privilege rather than an
inherent right, with the possession of nationality seen as key. Participants noted, however,
that intermediary or ad hoc solutions do exist in practice, in particular for groups within
stateless populations such as children, as many countries in the region have taken
informal or formal steps to facilitate the enjoyment of essential rights such as the right to
education and/ or health services. Nevertheless, participants expressed concern that
statelessness often continues into adulthood, at which point the problems experienced are
magnified if nothing has been done to address the status of such persons earlier.
Looking at long-term solutions, participants acknowledged that some situations have
become protracted and may not be ripe for immediate and full resolution through
conferral of nationality. As a result, the question was raised as to whether promoting the
enjoyment of human rights by stateless persons should be the primary focus of efforts to
address statelessness in the region. Participants suggested a two-tiered approach where
one hand a systemic solution to cases of statelessness should be advocated in the long
term. Moreover, emphasis should also be given to the promotion and protection of the
human rights of stateless persons in all situations. In that respect, governments should be
encouraged to introduce amendments to current legislation and administrative practices to
ensure the enjoyment of the fundamental human rights of stateless persons, in accordance
with their international human rights obligations.
The promotion of a human rights-based approach, may contribute to the protection of the
human rights of stateless persons and, in the long term, the possible prevention of further
statelessness and reduction of cases over time. Debating the approach further, participants
agreed that the promotion and protection of human rights and fundamental freedoms for
stateless persons would be one way for stateless persons to become better informed
about their own situation and rights and secondly more actively engaged in claiming their
rights, including their right to a nationality. At the same time, participants recalled the
fundamental importance of preventing new cases of statelessness because this allows
hardship to be avoided and can often, in fact, be achieved through simple and low-cost
measures. Furthermore, participants reaffirmed that where, for instance, there is an
opportunity to confirm an individual’s status as a national, such as through procedures for
the issuance of personal documentation, this should continue to take precedence over the
documentation of the individual as stateless in order to ensure access to a core bundle of
rights as described above. In such circumstances, prevention and reduction techniques
must be favoured over a focus on the protection of stateless persons as stateless persons.
Moreover, efforts to promote the protection of stateless persons as stateless persons may
serve to strengthen sentiments that they are in some way “outsiders”, while they will
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