Recommendations
40. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to Switzerland:
I.
Accede to and fully implement the 1961 Convention on the Reduction of
Statelessness and the 1997 European Convention on Nationality.
II.
Establish the statelessness determination procedure in law and ensure that
the procedure is fair, effective and accessible to all persons in Switzerland
regardless of their legal status. The procedure should comply with
international standards of due process and follow the procedural safeguards
outlined in UNHCR’s Handbook on Protection of Stateless Persons.
Switzerland should create a specific temporary residence status for applicants
in line with the relevant UNHCR guidance.
III.
Ensure that the definition of ‘stateless person’ in national law is fully
consistent with the definition provided in the 1954 Convention and that no
stateless persons are excluded from this definition on extraneous criteria.
IV.
Put in place safeguards to ensure that all children born in Switzerland who
would otherwise be stateless acquire Swiss nationality automatically at birth
in accordance with Switzerland’s obligations under Article 7 of the Convention
of the Rights of the Child.
V.
Introduce a facilitated naturalisation procedure for all stateless persons in
accordance with Switzerland’s obligations under Article 32 of the 1954
Convention relating to the Status of Stateless Persons.
VI.
Refrain from depriving persons of nationality in any case where the effect
would be discriminatory, could render the person stateless or at risk of
statelessness, could result in refoulement, encroaches on prosecution
interests, or when a less intrusive means is available.
VII.
Take steps to ensure that children are not arbitrarily deprived of their
nationality, and respect private and family life and the best interests of
children in decisions to deprive individuals of their nationality.
VIII.
Implement training and guidelines for authorities who are in contact with
persons who could be recognised as stateless, to ensure that they have the
necessary expertise and resources to effectively identify and determine
statelessness and nationality issues. Facilitate the cooperation between
authorities and establish protocol for cross-referral mechanisms. Provide
information on the procedure for applicants which is easily accessible and
translated in different languages.
IX.
Ensure that training, screening and registration leads to the identification and
referral of persons fleeing Ukraine, who may be stateless, and enables them
to access protection and the statelessness determination procedure, with the
support of legal aid and interpreters as necessary.
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