58 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). 59

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