6. This joint submission focuses on the identification and the human rights protection of stateless persons, children’s right to a nationality, access to nationality and the protection of stateless persons from arbitrary detention in Switzerland. It draws on the combined expertise of the submitting organisations both in Switzerland and internationally. The Universal Periodic Review of Switzerland under the First and Second Cycle (2008 and 2012) 7. Switzerland was subject to the UPR under the first cycle in 2008 and under the second cycle in 2012. During the first cycle of review Canada recommended ‘to maintain judiciary recourse in the naturalization process’.6 Switzerland accepted the recommendation arguing that it has already been fulfilled, as judiciary recourse in nationality matters is fully guaranteed.7 8. During the second cycle one recommendation directly concerned statelessness, while other recommendations indirectly touched upon the situation and the rights of stateless persons in Switzerland.8 Switzerland rejected recommendation no. 123.5 on the ratification of the 1961 Convention on the Reduction of Statelessness, but maintained that it ‘will continue to fight resolutely and effectively, within the realms of possibility, to reduce the phenomenon of statelessness and defend the legal rights of stateless persons’.9 However, as this submission illustrates, Switzerland does not have in place, adequate legal safeguards or mechanisms to identify and reduce statelessness and to protect the rights of stateless persons. Switzerland’s International Obligations 9. Switzerland is a party to the 1954 Convention relating to the Status of Stateless Persons as well as to the Convention to Reduce the Number of Cases of Statelessness of 1973. It is also a party to core human rights treaties that have provisions related to statelessness and nationality including the International Covenant on Civil on Political Rights (ICCPR, 1966), the Convention on the Elimination of All Forms of Racial Discrimination (CERD, 1965), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979), the Convention on the Rights of the Child (CRC, 1997) and the Convention on the Rights of Persons with Disabilities (CRPD, 2006). 10. Switzerland has not yet ratified the 1961 Convention on the Reduction of Statelessness. Switzerland is also not party to the European Convention on Nationality of 1997 (ECN) and to the Council of Europe Convention on Statelessness in the Context of State Succession of 2006. The Swiss government has on several occasions confirmed its intention to accede to the 1961 Convention or the European Convention 6 UN General Assembly, Report of the Working Group on the Universal Periodic Review: Switzerland, A/HRC/8/41, 28 May 2008, para 56.9. 7 UN General Assembly, Report of the Working Group on the Universal Periodic Review: Switzerland, Addendum, A/HRC/8/41/Add.1, 25 August 2008, para 10. 8 See the comments to recommendations 122.11, 122.19, 123.5 and 124.1 in the matrix of previous recommendations made to Switzerland in the 2nd UPR Cycle, annexed to this submission. 9 UN General Assembly, Report of the Working Group on the Universal Periodic Review: Switzerland, A/HRC/22/11, 7 December 2012, para 123.5. 3