SOLUTIONS SOLUTIONS The principle of non-discrimination is part of international law, and numerous human rights instruments contain provisions enshrining the right to nationality and the right to equality. The Universal Declaration of Human Rights proclaims in Article 15 that “Everyone has the right to a nationality” and “No one shall be arbitrarily deprived of his nationality nor the right to change his nationality”. The International Covenant on Civil and Political Rights specifies in Article 24 that “Every child has the right to acquire a nationality” and in Article 26 that “All persons are equal before the law and are entitled without discrimination to the equal protection of the law. In this respect the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” “You only feel peace if you have citizenship.” There are likewise provisions on the right to nationality and non-discrimination in the Convention on the Rights of the Child, the Convention on the Elimination of Racial Discrimination, and the Convention on the Elimination of all Forms of Discrimination against Women, among others. Article 9 of the 1961 Convention on the Reduction of Statelessness specifies that “A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds.” The Declaration on the Rights of Persons Belonging to National, Ethnic, Religious and Linguistic Minorities adopted 25 years ago committed States to take measures to ensure that persons belonging to minorities may exercise fully all of their human rights and fundamental freedoms without any discrimination and in full equality before the law. Most recently, the Sustainable Development Agenda adopted by the UN General Assembly in 2015 reflects the international community’s determination to “leave no one behind”, and commits States to ensure “legal identity for all, including birth registration, by 2030” (Target 16.9). In almost all cases of statelessness, the best solution is for persons to be given the nationality of the country with which they have the strongest ties. It is vital that this is achieved as early as possible in individuals’ lives so that they are able to benefit from education and other opportunities that can pass people by if they lack nationality. Ensuring equal access to nationality rights for minority groups is one of the key goals of UNHCR’s #IBelong Campaign to End Statelessness by 2024. To achieve this, UNHCR urges all States to take the following steps in line with Actions 1, 2, 4, 7 and 8 of UNHCR’s Global Action Plan to End Statelessness: n n n n n Facilitate the naturalization or confirmation of nationality for stateless minority groups resident on the territory, provided that they were born or have resided there before a particular date, or have parents or grandparents who meet these criteria. Allow children to gain the nationality of the country in which they were born if they would otherwise be stateless. Eliminate laws and practices that deny or deprive persons of nationality on the basis of discriminatory grounds such as race, ethnicity, religion, or linguistic minority status. Ensure universal birth registration to prevent statelessness. Eliminate procedural and practical obstacles to the issuance of nationality documentation to those entitled to it under law. Since UNHCR launched its #IBelong Campaign to End Statelessness in 2014, a number of States have made important strides in line with the recommendations above. The Government of Thailand has proclaimed a national policy of zero statelessness by 2024 and has confirmed the nationality of tens of thousands of persons entitled to it who belong to minority hill tribes. The Government of Kenya has resolved the protracted statelessness of the Makonde people, including them as the 43rd tribe of Kenya. The Government of Malaysia has adopted a “Malaysian Indian Blueprint” with nationality solutions for its population of Indian descent, thousands of whom have had Malaysian nationality confirmed in the last several years. Some governments have strengthened safeguards against childhood statelessness, including Armenia, Estonia and Tajikistan. And the international community has indicated its resolve to achieve universal birth registration, and thereby help to prevent statelessness through the adoption of the 2030 Sustainable Development Agenda. More needs to be done to end discrimination and ensure that all minority groups enjoy the right to a nationality and all that flows from it. Stateless minorities are only seeking the same opportunities that all citizens enjoy. When they are excluded it is not only they who suffer, as exclusion and marginalization have negative development consequences for all of society. When stateless minorities are recognized as citizens, the benefits are clear. In the words of Julietta Simenya, a Makonde elder, formerly statelessness and now recognised as a citizen of Kenya: “Now we are happy. Now we have no fear. Now with citizenship, future generations will be okay.” “Now with citizenship, future generations will be okay.” 46 • UNHCR STATELESSNESS REPORT 2017 2017 UNHCR STATELESSNESS REPORT • 47