2022
Statelessness & Citizenship Review
4(1)
when we are having discussions with states about the deprivation and loss of
nationality.16 The prevention of statelessness amongst children who are born
abroad, foundlings (who are also relevant to the 1961 Convention), international
surrogacy and adoptions also requires closer guidance. These are topics that we,
as the Committee on the Rights of the Child, have continued to discuss with states
and states will need more guidance in moving forward.
Now let me wrap up. There still remains a number of aspects of statelessness
to which the Committee needs to pay close attention. The issue of arbitrary
deprivation of nationality is one of them. There are a number of areas related to
law and practice — especially where the gap between law and practice is
absolutely huge — and the Committee needs to systematically engage with this
with states that come before it. I will mention a simple example that has been
highlighted by the Institute on Statelessness and Inclusion. Article 1 of Decree No
15 on Lebanese Nationality clearly states that a person who is born on Lebanese
state territory and did not acquire a nationality at birth is Lebanese. 17 However,
because this provision of the law is hardly applied, there are a number of births
taking place on the Lebanese territory that are resulting in stateless children.
The second point is data collection. We have had occasions where states
actually come before the Committee on the Rights of the Child and they say that
‘there are no stateless children within our jurisdiction’. They do not want to do
that data collection and determination because of political reasons, economic
reasons and a whole range of other considerations. What we want, as a Committee,
is disaggregated data that looks at statelessness comprehensively on the basis of
different criteria so that a state can actually tackle the issue at its root cause. The
issue of data collection is an area that we need to continue to discuss with the states
that come before the Committee.
As I mentioned, the Committee has assessed and commented on the need for
states to overcome structural barriers to achieve universal birth registration and
there is still a lot of conversation to be had in this respect. There is a very
interesting and useful guidance document that has been produced by the Institute
on Statelessness and Inclusion, where some critical questions to consider in
assessing nationality frameworks in a country are highlighted. This is something
that we need to continue to imbed in our work. For example, questions such as: is
an acquisition of nationality by otherwise stateless children born on the territory
automatic (meaning at birth)? Alternatively, is it subject to an application
procedure? If an application procedure is required, is there a time limit and are
there additional requirements, such as legal residence, domicile, language and so
forth that need to be taken into consideration? Is there significant discretion
granted to administrative bodies in considering such applications?
One of the challenges that we face as a Committee in our engagement with
states — for instance, in the context of Kenya — are the instances where the
different administrative committees that are involved in determining statelessness
and nationality issues are granted a lot of discretion. For example, we know of
cases where stateless individuals have been asked to produce their grandparents’
ID cards, including in instances where there were no IDs when the grandparents
were alive. There are a lot of hoops that they need to jump and, in the process,
children fall between the cracks.
16
17
CRC (n 1) art 8.
Decree No 15 on Lebanese Nationality (19 January 1925) art 1 (Lebanon).
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