Discrimination (article 5), prohibits States from discriminating in nationality
matters. Likewise, the Convention on the Elimination of All Forms of
Discrimination against Women (article 9) guarantees that States parties must
grant women equal rights as men with respect to nationality. The International
Covenant on Civil and Political Rights (article 24) and the Convention on the
Rights of the Child (article 7) require that States parties ensure that children are
registered immediately after birth and acquire a nationality. The latter principles
related to children’s rights are also affirmed in the African Charter on the Rights
and Welfare of the Child (article 6).
Two international conventions dedicated to statelessness complement
international human rights law. The 1954 Convention relating to the Status of
Stateless Persons (“1954 Convention”) lays the cornerstone of the international
protection regime for stateless persons in providing the universally accepted
legal definition of a stateless person, thereby establishing an internationallyrecognized status for stateless persons, extending to them specific rights, for
instance, relating to administrative assistance and issuance of identity and travel
documents. The 1961 Convention on the Reduction of Statelessness (“1961
Convention”) sets forth practical obligations that States parties must undertake to
prevent and reduce statelessness.
One reason that efforts by the UN to address statelessness have been hampered is
the relatively low number of States parties to the 1961 Convention and the 1954
Convention.6 The UN must promote ratification/accession of these and other
relevant international treaties, including at the regional level. One important
entry point for such advocacy is the Universal Periodic Review (UPR) process,
which all Member States participate in on a cyclical basis. UN Country Teams
should engage strategically with this process as a tool for encouraging accessions
to the UN Statelessness Conventions and for strengthening Member States’
commitments to address statelessness generally.
Additional action is also required to ensure full implementation of treaty and
other standards relating to the right to a nationality and the human rights of
stateless persons. This should include the issuance of authoritative guidance on
interpretation of key international standards, particularly by relevant treaty
bodies or other supervisory mechanisms of relevant international instruments,
and UN Country Team integration of relevant recommendations from the UN
human rights mechanisms (UPR, treaty bodies and special procedures) into
Common Country Assessments and UN Development Assistance Frameworks.
2. Recognize the central role of States and work with affected
populations and civil society
The UN must take into account that States determine the rules for acquisition,
change and loss of nationality, even if State sovereignty and prerogatives on
nationality matters are limited by international human rights norms. States
generally provide for automatic acquisition of nationality at birth based on jus
sanguinis (birth to a national) or jus soli (birth on the territory), a combination of
these two principles, or later in life on the basis of other links to the State such as
residence. States can therefore prevent statelessness through legislative and other
measures to ensure that all children acquire a nationality at birth and that
6
At the time of publication, the 1954 Convention had 91 States parties while the 1961 Convention had 71. Lists of States
parties can be found at http://treaties.un.org/Pages/Treaties.aspx?id=5&subid=A&lang=en.
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