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
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