2016]
The Prevention and Reduction of Statelessness in Australia
481
attention to the issue and positive ‘actions of many States to prevent or reduce
statelessness … new cases of statelessness [clearly] continue to arise.’138
4 Potential Barriers to Citizenship: Deficiencies in Birth Registration
in Australia
The final issue to consider in this context is a procedural one. Birth registration is an important tool for the prevention of statelessness because it
establishes a legal record of where a child was born and to whom.139 If a birth
is unregistered and access to nationality is not pursued, children may grow up
to become stateless adults.140 Such adults are then incapable of
conferring nationality on their own children, and statelessness may be
perpetuated inter-generationally.141
The importance of birth registration is reflected in the fact that one of the
ten UNHCR actions to end statelessness by 2024 is to ‘[e]nsure birth registration for the prevention of statelessness’.142 As the UNHCR acknowledges, ‘lack
of birth registration on its own does not usually make people stateless’,143 but
‘[i]ndividuals can [certainly] be at risk of statelessness’ without it.144 The
increased focus on birth registration as essential to establishing identity is also
reflected in the fact that one of the Sustainable Development Goals ---- the
goal to promote just, peaceful and inclusive societies ---- includes as a concrete
objective the provision of ‘legal identity for all, including birth registration’,
by 2030.145
138
UNHCR, Handbook on Protection of Stateless Persons, above n 10, 1.
139
UNHCR, ‘Birth Registration’ (Child Protection Issue Brief, UNHCR, August 2013);
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, UN Doc
HCR/GS/12/04 (21 December 2012) 12 [55] (‘Guidelines on Statelessness No 4’).
140
UNHCR, Self-Study Module on Statelessness, above n 97, 19; Maureen Lynch and Melanie
Teff, ‘Childhood Statelessness’ (2009) 32 Forced Migration Review 31; UNHCR, ‘Birth Registration’, above n 139; Simon Heap and Claire Cody, ‘The Universal Birth Registration Campaign’ (2009) 32 Forced Migration Review 20.
141
Inge Sturkenboom, Under the Radar and Under Protected: The Urgent Need to Address
Stateless Children’s Rights (8 November 2012) European Network on Statelessness
<http://www.statelessness.eu/blog/under-radar-and-under-protected-urgent-need-addressstateless-children%E2%80%99s-rights>.
142
UNHCR, Global Action Plan, above n 4, 3 (action 7).
143
Ibid 19.
144
Ibid 18.
145
UN, Goal 16: Promote Just, Peaceful and Inclusive Societies ---- Goal 16 Targets, Sustainable
Development
Goals:
17
Goals
to
Transform
Our
World
<http://www.un.org/sustainabledevelopment/peace-justice/>. As discussed in UN, The