Sustainable Development presents new opportunities to frame statelessness as a
development issue and to address it as such, as a number of the Sustainable
Development Goals are directly relevant to the prevention and reduction of
statelessness.4 The overarching objective of the 2030 Agenda to “leave no one
behind” has particular relevance for those who are stateless or lack proof of legal
identity and are at risk of statelessness, as too often they are among the furthest
left behind.
The UN should tackle both the causes and consequences of statelessness as a key
priority within the Organization’s broader efforts to strengthen the rule of law
and promote human rights. Given the magnitude and complexity of the problem
and the damaging impact on human lives, efforts would need to be redoubled to
prevent statelessness and to address statelessness wherever it occurs. The UN,
particularly UNHCR, needs to provide leadership in this regard and work with
States, international and regional organizations, and non-governmental
organizations. This Guidance Note outlines guiding principles and a policy
framework for action to address statelessness, including concrete activities to be
undertaken and required institutional arrangements.
A. GUIDING PRINCIPLES
UN engagement in addressing statelessness should be guided by a number of
principles that support the development, promotion and implementation of
international norms relating to statelessness. The policy framework set forth
below enunciates this set of guiding principles and is the result of an assessment
of international legal standards and the experience of the UN in addressing
statelessness to date.
1. Base action on international norms and standards related to
nationality and statelessness
Internationally agreed rules relating to the prevention and reduction of
statelessness and standards of treatment of stateless persons address many of the
challenges faced by stateless individuals. Such rules are provided by an interrelated set of norms found in two international conventions on statelessness, a
range of standards contained in universal and regional human rights and other
instruments, and customary international law.5
The prerogative of States to determine the rules for acquisition, change and loss
of nationality is framed by international law, in particular human rights law. The
Universal Declaration of Human Rights (article 15) establishes the universal
right of every individual to a nationality, a right which has been reaffirmed by a
number of universal and regional human rights instruments, including the
American Convention on Human Rights (article 20) and the European
Convention on Nationality (article 4). As a corollary to this right, States must
make every effort to avoid statelessness through legislative, administrative and
other measures.
Moreover, international law, including the universal prohibition against
discrimination on account of race, colour, or national or ethnic origin as
enunciated in the Convention on the Elimination of All Forms of Racial
4
For more information see The Sustainable Development Goals and Addressing Statelessness, March 2017, available at:
http://www.refworld.org/docid/58b6e3364.html.
5
An overview of the international legal framework is provided in UN Human Rights Council, Human rights and arbitrary
deprivation of nationality: report of the Secretary-General, 14 December 2009. 2009, A/HRC/13/34, available at:
http://www.unhcr.org/refworld/docid/4b83a9cb2.html.
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