so to give consideration to acceding” to this Convention.27 Furthermore,
States should be encouraged to accede to and improve implementation of
other international and regional human rights instruments that enhance the
protection of the rights of stateless persons.
Developing national legal frameworks and supporting institutions:
Irrespective of whether or not the State is party to the 1954 Convention,
the UN should encourage States to incorporate a definition of
statelessness in line with the international definition into national
legislation. Legislation governing the entry and residence of non-citizens
should take into consideration the specific situation of stateless persons,
particularly those who are outside their country of habitual residence. The
UN should also promote and provide advice on laws and regulations
establishing a formalized procedure, and where applicable, the creation of
institutions, for determining who is stateless on a territory. States should
grant the individuals, who are confirmed to be stateless through such
determination procedures, the right to stay on their territory, as well as
concomitant civil, political, social, economic and cultural rights if they do
not have the right to return to and reside in another State.
The UN should promote respect of international human rights
standards vis-à-vis stateless persons: While some distinctions between
nationals and non-nationals are permissible under international law,
authorities must be made aware of their duty to guarantee the human
rights of all persons within their territory or under their jurisdiction,
including stateless persons. Training should inform authorities dealing
with stateless persons about statelessness, situations where it might arise
(e.g., marriages between nationals and foreigners, irregular migration,
etc.) and its consequences and the importance of non-discrimination.
Training of law enforcement agencies and courts helps to ensure that
rights of stateless persons are respected and enforced where necessary, for
instance to prevent trafficking of stateless persons. Exchanges between
stateless people and public authorities can be organized to highlight
specific difficulties that stateless people face in a country. UN agencies
should ensure that their own and their partners’ policies and programmes
reflect that some persons in the country of operation have no nationality
and may therefore need specific attention and should generally not be
excluded on the basis that they are foreigners.
The UN should assist with capacity-building and training to assist
authorities to be able to identify stateless persons and extend treatment
in accordance with international standards: Authorities dealing with
assessing the nationality of persons within the territory must be made
aware of the existence and consequences of statelessness and the
importance of accurately assessing nationality status. Good cooperation
between countries facilitating exchange of information with full respect
for the rights of the individual is essential. Training on determining
nationality should also extend to courts deciding nationality claims.
Authorities and courts responsible for decisions on the status of aliens
should be made aware of how the situation of stateless persons can be
addressed in the national legal system in a manner consistent with
international standards.
27
See resolutions referred to in footnote 13, above.
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