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Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 9
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 9
This Recommendation is relevant in contexts where there are:
— Nationals (at risk of losing their nationality and becoming
stateless) outside their country of nationality;
Implementation:
7.51 To implement Recommendation 9, States can:
•Prior to entering into agreements concerning facilitated migration
in the context of climate change with another State or States,
undertake an assessment to identify and address potential gaps,
missing safeguards in or conflicts between the nationality laws
of the concerned States that may lead to statelessness (see
Recommendation 5 above).
•Meaningfully engage affected communities in the design, negotiation,
and implementation of such agreements.
Context:
7.48 States that are vulnerable to the adverse impacts of climate change
are starting to enact bilateral and multilateral agreements which,
inter alia, facilitate migration pathways for their nationals to other
States where they may reside, usually on a permanent basis.79
7.49 To safeguard the nationality of persons who utilize such migration
opportunities and to protect against statelessness, these
agreements need to explicitly engage with issues of nationality.80
This includes any impacts of facilitated migration on the retention
of existing nationality (see Recommendation 6), whether access
to specific rights is linked to acquisition of nationality of the new
country of residence, and whether such acquisition of nationality
will be facilitated or subject to any special conditions.81
7.50 It is beneficial for the laws of States party to such agreements to
allow for dual or multiple nationality (see Recommendation 6). This will
help to ensure that people relocating pursuant to such agreements
can retain their original nationality while also having the possibility
to acquire the nationality of the country to which they are moving.
This reduces risks of statelessness that might arise due to conflicts
between and gaps in nationality laws (see Recommendation 7). It also
helps those who are migrating to a new country to maintain legal and
cultural ties to their country of origin, while facilitating integration
in the new country. Allowing people to retain their original nationality
will also help them to retain their voting rights in their country of
origin, consistent with the concept of continuity of statehood (see
Section 4). Retention of voting rights may be particularly important
for indigenous groups to help preserve their cultural rights.
•Ensure that such agreements directly address the potential impacts
of migration on nationality status, indicate whether it is possible
to retain and confer nationality of the country of origin, and set out
the process for acquiring the nationality of the new country of
residence where appropriate.
•Ensure that affected communities are apprised of the implication
for their nationality status should they migrate pursuant to
such agreements.
•Permit dual or multiple nationality by allowing migrants to retain
their nationality as they integrate and acquire the nationality of
the new country of residence (see Recommendation 6 above).
•Ensure that agreements designed to respond to urgent or
crisis-driven cross-border movement also explicitly address
nationality matters and include safeguards against statelessness,
including in temporary arrangements.
IV. Prevent
IV. Prevent
Recommendation 9
Ensure that any bilateral or multilateral agreements that facilitate
migration across an international border in the context of climate
change protect against loss of nationality and statelessness.
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