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Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 6
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 6
This Recommendation is relevant for contexts in which there are:
— Nationals (at risk of losing their nationality and becoming
stateless) outside their country of nationality;
Context:
7.29 Displacement or migration in the context of climate change may
leave persons in a precarious position where they are unable or
unwilling to return to their country of nationality and must reside
abroad. In some cases, restrictive nationality laws of their country
of nationality may not allow people to preserve their nationality
due to extended periods of residence abroad. Such laws may
contravene Article 7 of the 1961 Convention64 and other provisions
of international human rights law.65 For example, some States permit
loss of nationality for naturalized nationals due to residence abroad,
placing naturalized nationals who are displaced or migrate across
international borders at a heightened risk of statelessness.
7.30 The risk of statelessness may increase due to unavailability of
consular assistance or the lack of capacity of States to undertake
nationality verification, particularly due to additional strains on
governments when managing disaster or crisis situations related
to the impacts of climate change.
7.31 Some States permit nationals to renounce their nationality without
offering protection against statelessness. The ability to renounce a
nationality can assist people who wish to settle in another State, since
some States require individuals to give up their existing nationality
before they can be naturalized and enjoy the full suite of rights
available to nationals in their new country of residence. However, if a
person who renounces their nationality does not successfully obtain
another, they will be left stateless unless the laws of their original
country of nationality contain proper safeguards.66
7.32 Although there is no obligation to permit dual nationality under
international law, increased movement across international borders
for reasons such as employment, education, or protection has led
to the granting of dual (or even multiple) nationality becoming an
increasingly common feature of state practice.67 In the context of
climate and disaster related human mobility, dual nationality can
be a valuable tool for protecting people’s rights, ensuring their
continued connection to their country of origin,68 and preventing
statelessness.69 Dual nationality respects individuals’ right to retain
their earlier nationality and may help preserve cultural identity.
Acquisition of the nationality of their new State of permanent
residence also enables individuals to fully participate in the social
and political life of that country.
7.33 For more information on loss of nationality, please refer to
UNHCR’s Guidelines on Statelessness No. 5: Loss and Deprivation
of Nationality under Articles 5–9 of the 1961 Convention on the
Reduction of Statelessness.
Implementation:
7.34
To implement Recommendation 6, States can:
•Amend nationality laws that may lead to loss of nationality and
result in statelessness for persons who are displaced or migrate
across international borders in the context of climate change.
•Amend nationality laws to prevent statelessness arising from
voluntary renunciation of nationality by adopting safeguards that
continue to recognize a person as a national until they have
formally acquired a new nationality.
•Consider amending nationality laws to allow dual nationality to
prevent loss of connections with the country of origin, enable
integration in the new home country, and prevent statelessness.
•Ensure that naturalized nationals have the same rights as natural
born nationals to retain their nationality.
•Accede to the 1961 Convention and implement its provisions
through domestic laws and policies (also applies to
Recommendations 7 and 9).
IV. Prevent
IV. Prevent
Recommendation 6
Prevent loss or voluntary renunciation of nationality that might
lead to statelessness for those who are displaced or migrate
across international borders in the context of climate change
(also relevant to Recommendation 9 under Prevent).
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