VI.
Take concrete steps to protect stateless people from arbitrary detention,
including introducing a mechanism to identify (risks of) statelessness during the
decision to detain, and implementing a thorough assessment of vulnerability
and appropriateness of alternative measures in each individual case.
VII.
Ensure that the treatment of stateless persons, including those in immigration
detention, fully complies with its international obligations, and that alternatives
to detention are implemented to protect against arbitrary detention in all
circumstances.
VIII.
Protect everyone’s right to a nationality, and amend national laws to comply
with international obligations which prohibit the arbitrary deprivation of
nationality and discrimination, while ensuring the avoidance of statelessness.
IX.
Ensure that policies and practices relating to birth registration and the
identification of stateless children take into account UNHCR guidelines and good
practice to ensure that all children are correctly registered.45
X.
Amend the Belgian Nationality Code to ensure that all children born abroad to
Belgian nationals acquire nationality automatically at birth, remove any risk of
statelessness arising in adoption procedures, and bring provisions on foundlings
and deprivation of nationality in line with the 1961 Convention.
XI.
Amend the Belgian Immigration Act to allow for persons recognised as stateless
by the courts to be automatically granted a residence permit, and to allow for
persons applying for stateless status to be granted a temporary residence
permit during the procedure.
XII.
Withdraw its reservations to the 1961 Convention and amend the Belgian
Nationality Act to fully align with the Convention.
XIII.
Accede to the European Convention on Nationality and the Convention on the
Avoidance of Statelessness in Relation to State Succession.
45
1961 Convention; UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child's Right to Acquire a Nationality through
Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, 21 December 2012, HCR/GS/12/04, available at:
https://www.refworld.org/docid/50d460c72.html.
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