Statelessness, Development, and Protection of ‘Disadvantaged Groups’
existence in their territories to enhance their rights to nationality and development.
Therefore, expanding the linkages between development priorities and human rights
obligations is a crucial strategy.
V. CONCLUSION: CHALLENGES AND PROSPECTS
Deprivation, marginalisation, and exclusion of stateless persons undermine their
human security and dignity, even though their rights are protected under international
law. For development actors, statelessness presents a fundamental power dynamic —
one that is most challenging for the outline and delivery of inclusive development
opportunities, premised on distributive justice. The lack of complementarity
between development frameworks and human rights raises critical questions
about global development policy implementation. There are different groups of
stateless persons with different vulnerabilities and interests; hence, stateless persons
are not homogenous. In situations where some are intentionally excluded from
acquiring the nationality of a given state, for political and socio-economic reasons,
such intonational exclusions could be addressed through inclusive development
endeavours. Ensuring development for stateless persons requires a comprehensive
response, ranging from reviewing nationality laws along the UNHCR Global Actions
and redesigning national development strategies along the SDG goals and targets
toward addressing the layers of vulnerabilities in stateless populations. Similarly, the
right to a nationality is universal, and no matter the national policies’ encumbrances,
access to health and education should not in principle be constrained by citizenship.
The legal identity target in the SDGs provides guarantees for social
inclusion and more equitable distribution of development opportunities. However,
strengthening identification may heighten unintended consequences, and, in some
cases, undermine development and human rights outcomes, particularly within the
context of complex political economies and weak institutions. The experience with
identification systems underlines three interconnected risks of exclusion.61 The first
risk stems from identification and registration systems that are premised on policies
of mandatory proof of legal identity for accessing basic rights, essential services, and
protections. The second risk of exclusion can be linked to discriminatory regulations
and practices. These regulations may be exclusionary or produce results based on
their implementation, thus leading to negative ends for the disadvantaged. The third
related risk emanates from the reality that digital identification systems at national
levels are connected to citizenship or permanent residence status. Hence, determining
legal status — ‘national’ or ‘non-national’ — is often problematic, particularly in
countries with an abysmal enrolment process, where most people also lack proof of
legal identity.62
Equally, the revolutionary nature of SDGs transcends its benchmark for the
delivery of development objectives. It further requires the evaluation and reform
61
62
Sperfeldt op cit note 35.
Sperfeldt ibid; UNDG op cit note 6.
73
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