individuals do not become stateless in adulthood. Similarly, States can reduce
statelessness through changes to legislation or government policy regarding who
is to be considered a national. Facilitated naturalization for stateless persons is
another means of reducing statelessness.
While recognizing the central role of States, it should be borne in mind that the
affected individuals and populations must be part of all efforts to address
statelessness. First-hand information on situations is only accessible through
consultation with affected stateless persons. In some cases, stateless populations
also have the capacity to play a role in redressing their situation. For instance,
provided there is an adequate legal and administrative framework in place,
stateless persons may be able to initiate procedures to acquire a nationality. In
other cases, it is not possible for affected populations to take initiative on their
own behalf without negative, even life-threatening, repercussions.
Many activities to address statelessness require outreach to affected populations,
advocacy with all sectors of society, training and capacity-building. Civil society
can make critical contributions in this respect and partners for UN action can
come from among a broad swathe of actors, such as government offices, legalaid networks, women’s rights groups, national human rights institutions, NGOs
which provide development assistance as well as academia.
Although advocating for and advising on reforms of legal, administrative, and
practical obstacles that create statelessness is the primary avenue for the UN
system to address statelessness, there are situations and circumstances where
States do not express the political will to resolve the stateless status of
individuals or populations on their territory, or might even take deliberate actions
to exclude stateless individuals or populations from integrating into their
citizenries. Furthermore, the increasing focus on State sovereignty with respect
to protecting national security has in turn tightened some States’ positions with
respect to integrating migrants and other non-citizens into their respective body
politics. Where faced with such political obstacles for addressing statelessness,
the UN will need to pursue its role in promoting the respect for human rights and
other international legal obligations related to combating statelessness and
supporting civil society and other groups to achieve that end.
3. Promote and support action to prevent statelessness
The UN should promote action by States and civil society to prevent
statelessness, as doing so offers the most effective solution by preventing the
phenomenon from occurring in the first place. Once statelessness occurs it is
generally more difficult to resolve and raises additional protection needs.
Identifying potential causes and targeted, timely action can prevent statelessness.
In many instances, statelessness is the result of foreseeable events: most
importantly, gaps in legislation or regulations that lead to statelessness at birth,
such as women not being able to register the birth of their child without a father
named or present, and failure to ensure all persons retain or acquire a new
nationality at the time of State succession. At other times, statelessness is a result
of deliberate distinctions with respect to the application of nationality laws and
policies towards certain groups or individuals. The UN should engage with
States to address both technical and political causes of statelessness. The UN
should also encourage States to grant citizenship to those on their territory who
would otherwise be stateless following State succession as well as children born
on their territory who would otherwise be stateless at birth.
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