7.2 Determination of nationality The fact that the persons listed above may face difficulties establishing their nationality does not necessarily mean that they will never be able to do so. However, the process may be challenging and take months, years, or even decades before a successful outcome is achieved. Difficulties of proof may be caused by complex, inaccessible and costly procedures, or by indifference or hostility from the authorities, making the process too onerous for an individual to pursue on his or her own without support from an international body, an NGO and/or his or her community. Sometimes laws or government policies may need to be changed, or at least relaxed, to make proof possible. Alternatively, in some cases the persons concerned may themselves try to prevent their nationality being established, for example if they are trying to benefit from the grant of nationality of another country on the grounds that they would otherwise be stateless, or if they are rejected asylum-seekers trying to conceal their true identity in order to avoid being returned to their country of origin. In other cases, the persons concerned may not even realize or consider themselves to be nationals. the nationality of one or several other States. According to a general principle of law, it is for each State to determine who are its nationals. The finding of the Contracting State concerned on the nationality of the person would not necessarily be identical with the finding of the State or States whose nationality is at issue. It could occur that Contracting State A holds that the person possesses the nationality of State B, while the authorities of State B hold that he has not the nationality of that country. In this case the person would not be granted the nationality of State A and, not being considered as national by State B, would remain stateless. […] 3. Article 11 of the draft Convention adopted by the Conference at Geneva provides that Contracting States shall promote the establishment within the framework of the United Nations of the United Nations of a body to which a person claiming the benefit of the Convention could apply for the examination of his claim and for assistance in presenting it to the appropriate authority. No provision is made, on the other hand, for a special tribunal as envisaged in the draft of the International Law Commission. The draft contains a new article providing for the settlement of disputes between Contracting States concerning the interpretation or application of the Convention which cannot be settled by other means, by the International Court of Justice at the request of any one of the parties to the dispute. Both Article 11 and the new Article on settlement of disputes were adopted at Geneva subject to a right of reservation. 4. The United Nations High Commissioner for Refugees wishes to draw the attention of the Conference to this problem, as the absence of provisions for the settlement of such conflicts as to the nationality of a person may, in his view, reduce the effect of the Convention in reducing statelessness.” See further UNHCR, “Training Package: Statelessness and Related Nationality Issues”, op. cit., para. 18: “it is not infrequent that all of the States with which an individual might have a claim to nationality cannot agree as to which State is the State which has granted nationality, leaving the individual unable to show de jure statelessness and, at the same time, without an effective nationality.” See also “Nationality and Statelessness: A Handbook for Parliamentarians”, op. cit., p. 11: “It is presumed that an individual has a nationality unless there is some evidence to the contrary. However, sometimes the States with which an individual might have a genuine link cannot agree as to which of them is the State that has granted citizenship to that person. The individual is thus unable to demonstrate that he/she is de jure stateless, yet he/she has no effective nationality and does not enjoy national protection. He/She is considered to be de facto stateless.” 46

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