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Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 8
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 8
This Recommendation is relevant in contexts where there are:
— Stateless persons and/or persons without a recognized
nationality status in their own country; and
— Stateless persons and/or persons without a recognized
nationality status outside their own country.
— Nationals (at risk of losing their nationality and becoming
stateless) in their country of nationality;
— Nationals (at risk of losing their nationality and becoming
stateless) outside their country of nationality;
IV. Prevent
IV. Prevent
Recommendation 8
Provide everyone with access to birth registration and proof
of nationality documentation in contexts where people are
vulnerable to or affected by climate-related hazards in order
to prevent statelessness (also relevant to Recommendation 3
under Protect, and Recommendation 9 under Prevent).
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Context:
7.41 People who are impacted by climate-related hazards or who are
displaced or migrate in the context of climate change may not
be able to prove their nationality due to lost or damaged civil
registration or identity documentation, or even physical repositories
where such documents are held, for example due to floods or
wildfires. They may also face barriers, such as distance or costs,
to accessing civil registration and documentation services, such as
(re)acquiring documentation, including birth certificates, passports,
and national identity cards. Gender-based barriers may also prevail,
if, for example, birth registration frameworks and practices require
the presence of a father, or proof of marriage for a child’s birth to
be registered. Lack of documentation that helps to prove or serves
as proof of nationality can leave people at risk of statelessness or
render them stateless, especially when authorities equate lack of
proof of nationality with lack of nationality itself.
7.42 The right of every child to be registered at birth is universally
protected.73 Universal birth registration is also critical to achieving
Target 16.9 of the Sustainable Development Goals to provide
legal identity74 to every person and preventing statelessness.75
Although birth registration does not generally, in itself, constitute
proof of nationality, it does help to prevent statelessness by
establishing a legal record of where a child was born and who their
parents are. These key facts are the foundation for acquiring
nationality at birth. Without birth registration, including issuance
of a birth certificate, children — especially those who have been
displaced or migrated — may have problems proving their links to
a State. This can make it difficult for them to have their nationality
established and obtain proof of nationality.
7.43 Further, birth registration can help to facilitate the implementation
of the legal safeguards against statelessness referred to in
Recommendation 7. For children who are born stateless in contexts
where there are no safeguards to prevent their statelessness at
birth, birth registration remains important to facilitate their
protection and enjoyment of rights, and it may also be helpful for
resolving their statelessness later in life.
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