These avenues of action derive from guidance issued by the UNHCR’s
Executive Committee13 and are endorsed by the UN General Assembly. Though
specifically directed at States and UNHCR, this structured approach to
addressing statelessness serves as a useful point of reference for other UN
entities. Each of these actions is described in further detail below.14
1. Identification of statelessness
The identification of statelessness is a prerequisite for any response strategy.
Successful identification involves a comprehensive analysis of a given
statelessness situation, through the following activities:
Analysis of legal and political frameworks related to nationality and
statelessness of the State to which the relevant stateless person has links
(e.g. through descent, birth, territory or residence);15
Support for data collection through census, surveys or administrative
records (e.g. civil status registries) so that information on statelessness
can be captured;
Gathering and analyzing data directly from stateless populations or those
at risk of statelessness, e.g. problems related to documentation, education,
health or security (taking into account diversity within a population,
notably age and gender), and capacities of the community to tackle such
problems; and
Awareness-raising on the definition of statelessness and assistance to
State institutions to devise and implement statelessness determination
procedures.
2. Prevention of statelessness
Statelessness can be prevented by effectively addressing its causes in the
following areas:
Strengthening the international legal framework: The UN should
increase efforts to promote ratification/accession to the 1961 Convention.
Relevant resolutions of the General Assembly have repeatedly
“encourage[d] States that have not done so to give consideration to
acceding” to this Convention.16 States should also be encouraged to ratify
or accede to and improve implementation of other international and
regional human rights instruments that affirm the right to a nationality and
a child’s right to be registered immediately after birth and to acquire a
nationality.
Correcting gaps in nationality legislation: The UN must proactively
identify gaps in legislation and propose necessary amendments. The
standards contained in the 1961 Convention, international human rights
13
Executive Committee of the High Commissioner’s Programme, Conclusion No. 106 (LVII) – 2006 on Identification,
Prevention and Reduction of Statelessness and Protection of Stateless Persons of 2006.
14
Additional guidance can be found in UNHCR Action to Address Statelessness: A Strategy Note, available at
http://www.unhcr.org/4b960ae99.html.
15
A 2008 UNHCR publication provides guidance for such analyses, Statelessness: An Analytical Framework for
Prevention, Reduction and Protection, 2008, available at: http://www.unhcr.org/refworld/docid/49a28afb2.html.
16
See General Assembly Resolution 71/1, 64/127, 63/148, 62/124, 50/152 and 49/169. See also numerous Conclusions of
UNHCR’s Executive Committee including Nos. 106, 102, 99, 95, 90, 87, 85 and 78. Human Rights Council resolutions on
human rights and arbitrary deprivation of nationality 32/5, 26/14, 20/5, 13/2, 10/13 and 7/10.
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