7. The Protocol includes important safeguards against statelessness during State succession: States are encouraged to regulate nationality matters during State succession through cooperation or bilateral and multilateral agreements to prevent statelessness. The Protocol outlines specific principles for nationality recognition, including the following: I.Persons who held the nationality of the predecessor State have the right to acquire the nationality of at least one successor State. II.Persons with habitual affected territory acquire the residence in the to shall be presumed nationality of the relevant successor State 8. The Protocol provides special protection for nomadic and cross-border communities: States must cooperate to ensure that these communities can secure nationality and documented proof of it. The Protocol allows for nationality acquisition based on “habitual residence” or “appropriate connection” (where habitual residence is in doubt). The latter can be evidenced by various factors such as; place of birth, place of marriage, presence of family members, repeated residence in the same location, location of burial sites, location of grazing sites, location of crop cultivation, contribution to the State, community testimonies or other public facts attested by the competent authorities. References: Article 8 Article 6(1)(a), Article 7 and III.Persons who are eligible for the nationality of two or more successor States, where dual nationality is not permitted, shall have right of option. States are also required to respect the will of the person in nationality determinations, recognising the principle of self-determination. References: Article 19 The Protocol introduces the concept of appropriate connection to ensure nationality eligibility for nomadic, pastoralist, and cross-border communities. This flexible framework includes criteria such as: personal, familial, economic, social or cultural ties. This approach prevents the exclusion of populations whose lifestyles or historical ties may not align with traditional nationality frameworks HABITUAL RESIDENCE AS A CRITERION FOR NATIONALITY: The Protocol prioritises habitual residence, whether legal or factual, as a key criterion in determining nationality during State succession (and for nomadic and cross-border populations). This ensures that those most affected by State succession are not arbitrarily excluded and can secure nationality based on their long-term presence – it strengthens protections for individuals who may not have legal proof of nationality but have long-standing ties to the State 9. The Protocol mandates the recognition and protection of stateless persons: States must establish criteria for granting “statelessness status” and ensure that stateless persons can exercise universal human rights, access humanitarian aid, obtain identity and travel documents, and enjoy protection against arbitrary expulsion from the State territory. References: Article 17 and Article 18 29

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