The grant of leave to reside within a State and related rights to stateless persons
as set out above do not resolve their situation entirely as they are unable to enjoy
rights reserved for nationals. Consequently, these protections should be viewed
as a temporary solution until such time as the individuals concerned are able to
acquire a nationality.
5. Promote the acquisition of nationality as the primary solution
The acquisition of a nationality is the only solution to statelessness as full
enjoyment of all human rights is generally only possible when an individual
possesses a nationality. In particular, nationality brings with it access to political
participation, the full right to residence within a State’s territory, and also a sense
of identity. Stateless people can overcome many of the problems they face once
they possess a nationality. Enabling stateless persons to acquire a nationality is a
foundational step towards legal empowerment to pave the way for their full
enjoyment of all civil, political, economic, social, and cultural rights.
Solutions to statelessness generally depend on political will and capacity. This
flows from the fact that only States can grant nationality. The will to act may be
a significant challenge where statelessness is linked to discrimination. Attitudes
which have led to the exclusion of a population must be overcome. Decision
makers need to be convinced that the integration of stateless populations will be
a positive step. Lack of capacity can play a role where State authorities wish to
address problems related to statelessness but do not have the expertise or
resources to do so. The UN should therefore highlight the positive effects for
States to reduce statelessness by granting citizenship to stateless persons,
stressing the detrimental impact statelessness has on individuals, communities
and society as a whole. To address capacity deficits, the UN must stand ready to
provide technical and practical assistance to States which decide to take action
on statelessness.
6. Recognize and redress discrimination as a common cause and
consequence of statelessness
Discrimination on the basis of gender and on racial, ethnic, religious, linguistic
and presumed national origin is often a root cause of statelessness. Given that
possession of nationality generally brings with it political rights, governments or
political parties may question whether certain individuals or groups “belong” to
the country, notably in the context of political tension or upcoming elections.
While not all persons who lack documentation are stateless or at risk of
statelessness, where persons lack documentation to prove their nationality,
discrimination can be a decisive factor in leading the State to the conclusion that
the person is not a national.
Marginalization and discrimination in turn, tend to be further aggravated because
of statelessness. The UN needs to take action to resolve the social and economic
exclusion of stateless persons by, for example, including such persons in
education, health and poverty reduction programmes. Socio-economic
integration of stateless persons enhances opportunities for legal integration
through acquisition of a nationality.
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