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Parties shall grant women equal rights with men with respect to the nationality of their children’; International Convention on the Elimination of All forms
of Racial Discrimination, 1965 (ICERD), Article 5 ‘States Parties undertake to
prohibit and to eliminate racial discrimination in all its forms and to guarantee
the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of. . . (diii) the
right to nationality.’ Provisions are also contained within the Convention on the
Nationality of Married Women, the Convention on the Rights of Persons with
Disabilities (CRPD), and the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families. For a further list
of extracts from treaty provisions relating to statelessness and nationality, see
UNHCR, 2009 Extracts relating to nationality and statelessness from selected
universal and regional human rights instruments www.unhcr.org/4517da8e2.html
(accessed 20/01/2018).
E.g. Committee on the Rights of the Child, 2014, 59th session, Concluding remarks: Myanmar, articles 41–44. CRC/MMR/3–4 Committee on the Right of
the Child, 2004, 36th session, Concluding remarks: Myanmar, articles 64&65,
CEDAW, 2016, Concluding Observations: Myanmar Articles 32&33 CEDAW/C/
MMR/CO/4–5, CEDAW, 2008, Concluding Observations: Myanmar Articles
30–33 CEDAW/C/MMR/CO/3. The term ‘stateless’ increasingly occurs in these
treaty body documents on Myanmar from 2004 onwards. This coincides with
UNHCR’s increasing focus on their statelessness mandate and engagement with
international Civil Society Organisations (CSOs) on statelessness. See also Kingston (2013); Seet (2016).
See, for example, UNICEF and UNHCR Being Invisible: Children Living in
Statelessness.
United Nations Treaty Collection Available at: https://treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V-3&chapter=5&Temp=mtdsg2&cl
ang=_en (accessed 24/04/2021).
General Assembly Resolutions 3274 (XXIX) of 10 Dec 1974 and 31/36 of 30
Nov 1976
General Assembly Resolution 50/152 of 21 Dec 1995
Ibid
Discussion during 2017 New York academic meeting on Statelessness, Citizenship & Inclusion, 5–9 Jun 2017, New York University, Open Society Foundation,
and the Institute on Statelessness and Inclusion.
Further Information on the I Belong Campaign Available at: www.unhcr.org/
ibelong/ (accessed 11/11/2021).
Manley, M. and S. Persaud (2009) note, ‘Behind the Label “Statelessness” We
Find a Broad Range of Issues, Many of Them Quite Complex, Including Birth
Registration, Nationality Legislation, State Succession, Migration and International Law.’ The authors then go on to describe the broad international approach
under the headings ‘protection’ and ‘prevention and reduction.’
E.g. UNICEF’s approaches involve engaging at the national level on the softer issues of birth registration.
Similar approaches have been critiqued in the situation of Kurdish citizenship
deprivation in Syria. See Bahram (2021).
There are few public documents available on UNHCR’s approach to Rohingya
statelessness or human rights abuses because they strategically approached these
issues through closed-door meetings and back-door diplomacy. These findings
are based on the conversations and meetings that I had with various international
staff working in Myanmar for UN and NGOs as part of my work between 2010
and 2020 (organisations’ names kept confidential) as well as interviews for this
research with Rohingya who had worked for UNHCR and partner organisations.
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