The resolution also asks UNHCR “to provide relevant technical and advisory services
pertaining to the preparation and implementation of nationality legislation to interested
States”.
In the same resolution, the General Assembly “calls upon States to adopt nationality
legislation with a view to reducing statelessness, consistent with fundamental principles
of international law, in particular by preventing arbitrary deprivation of nationality, and by
eliminating provisions which permit the renunciation of a nationality without the prior
possession or acquisition of another nationality, while at the same time recognizing the right
of the State to establish laws governing the acquisition, renunciation or loss of nationality”.
Statelessness was acknowledged as one of the root causes of displacement and refugee
flows in the Agenda for Protection, which was endorsed by UNHCR’s Executive Committee
(Conclusion No. 92 [LIII] a) and welcomed by the UN General Assembly in 2002.
Concerned about the unacceptably high number of stateless persons whose cases have
been languishing unresolved for many years, in 2004, ExCom called upon UNHCR to play
a more active role in working with the relevant States to find solutions to those situations.
In 2006, the UN General Assembly endorsed ExCom Conclusion 106 on Identification,
Prevention and Reduction of Statelessness and Protection of Stateless Persons, which,
inter alia, confirms the need for UNHCR to:
•
work with governments to identify stateless populations and populations with
undetermined nationality;
•
provide technical and operational support to States in relation to the adopting and
implementing of safeguards against statelessness and to prevent the occurrence
of statelessness which results from arbitrary denial or deprivation of nationality;
•
cooperate with other United Nations agencies to assist States to reduce
statelessness, particularly in protracted statelessness situations; and
•
train government counterparts on appropriate mechanisms for identifying,
recording and granting a status to stateless persons.
Since 2006, UN General Assembly resolutions have emphasized the four aspects
of UNHCR’s mandate: identification, prevention and reduction of statelessness and
protection of stateless persons.
What does UNHCR do to address the problem of statelessness?
UNHCR assists governments in drafting and implementing nationality legislation, provides
training for government officials and offers its comments on constitutional provisions on
nationality legislation for States in which large segments of the population are either stateless
or have undetermined nationality. Between 2011 and 2012, UNHCR promoted reform of
nationality laws in 71 States and provided technical advice in this regard to 41 States.
UNHCR works with parliaments to ensure that nationality legislation does not lead to
displacement and does not contain provisions that may create statelessness. UNHCR’s
Guidelines on Ensuring Every Child’s Right to Acquire a Nationality through Articles 1–4 of the
1961 Convention on the Reduction of Statelessness, provides further guidance in this regard.
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