68 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. 69

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