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Global Recommendations on Nationality and Statelessness in the Context of Climate Change
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
ANNEX
ANNEX
ANNEX — Assessment checklist
Laws and policies relating to the loss of nationality
1. Can nationals lose their nationality by residing abroad?
(Recommendation 6)
2. Can nationals voluntarily renounce their nationality even if this would
leave them stateless? (Recommendation 6)
To identify potential risks of statelessness that may arise in the context of
climate change, States may wish to undertake country-specific or regional
assessments using the questions in the checklist below. Such assessments
should review a broad range of laws, regulations and policies that may affect
a person’s ability to acquire, confer or retain nationality; to naturalize; or to
access civil registration or identity documentation services.
Relevant laws (and related regulations and policies) include: The national
constitution, nationality laws, civil registration laws, immigration laws,
refugee laws, family laws including laws relating to marriage and adoption,
laws relating to equality and non-discrimination, census laws, laws relating
to climate adaptation, management, and disaster risk reduction and relief,
as well as laws relating to the migration of people in the context of climate
change. Given the potentially wide range of laws and policies that may
require assessment, States may wish to consider establishing a national
taskforce or coordination mechanism, which brings together relevant
ministries and departments to ensure that the assessment is conducted
comprehensively and accurately.
Laws and policies relating to the acquisition of nationality
1. Is nationality acquired in the territory by jus soli, jus sanguinis,
or a combination?
2. Can all nationals confer their nationality to their children born
abroad? (Recommendation 7)
3. Can nationals who were born abroad confer nationality to their
children born abroad? (Recommendation 7)
4.
Is dual or multiple nationality permitted? (Recommendations 6, 9)
5. Is nationality granted to children born in the territory who would
otherwise be stateless? (Recommendation 7)
6. Is nationality granted to foundlings present in the territory?
(Recommendation 7)
Laws and policies relating to birth registration and proof
of nationality
1. Can all persons who give birth on the territory register the births
of their children free of charge? (Recommendation 8)
2. Are simplified procedures in place to facilitate the (re)acquisition
of identity documents in cases where they are lost or damaged?
(Recommendation 8)
3. Are policies in place to allow for access to consular services
for persons impacted by climate change who may lack identity
documents? (Recommendation 8)
4. Have consular and government officials received training to support
persons impacted by climate change to (re)acquire documentation?
(Recommendation 8)
5. Is the State’s civil registration system digitalized?
(Recommendation 8)
6. Have existing paper identity documents been digitized?
(Recommendation 8)
Laws and policies relating to the identification of stateless persons
1. Do census exercises and government surveys count all persons
residing in territories regardless of nationality, legal or migration
status? (Recommendation 1)
a. Is census and other population survey data disaggregated based
on age and sex? (Recommendation 1)
b. Are mechanisms in place (including bilateral and multilateral
arrangements) to ensure that border-dwelling, nomadic and
semi-nomadic populations are comprehensively counted?
(Recommendation 1)
7. Does the law facilitate the naturalisation of stateless persons in
the territory? (Recommendations 4, 8)
2. Have surveys been undertaken to identify and assess the specific
needs and risks faced by stateless communities in the context of
climate change? (Recommendation 1)
8. Does the law permit the spouse and children of the person who is
naturalized to also acquire nationality on a derivative basis?
(Recommendation 4)
3. Does the law contain a definition of a stateless person in
accordance with the international legal definition of a stateless
person? (Recommendation 3)
9. Have targeted nationality or nationality verification campaigns or
measures for existing stateless populations residing in territories
been planned or undertaken? (Recommendation 4)
4. Is an SDP in place to determine statelessness status for persons
in a migratory context? (Recommendation 2)
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