Foreword
“Everyone has the right to a nationality. No one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality.” With those succinct
statements, Article 15 of the 1948 Universal Declaration of Human Rights confers upon
every individual, everywhere in the world, the right to have a legal connection with a
State. Citizenship or nationality (the two terms are used interchangeably in this hanbook,
just as they usually are in international law) not only provides people with a sense of
identity, it entitles individuals to the protection of a State and to many civil and political
rights. Indeed, citizenship has been described as “the right to have rights.”
Despite the body of international law relating to the acquisition, loss, or denial of
citizenship, millions of people around the world have no nationality. They are stateless.
Statelessness may result from a variety of causes, including conflict of laws, the transfer
of territory, marriage laws, administrative practices, discrimination, lack of birth registration,
denationalization (when a State rescinds an individual’s nationality), and renunciation
(when an individual refuses the protection of a State).
Many of the world’s stateless persons are also victims of forced displacement. People
who have been uprooted from their homes are particularly vulnerable to statelessness,
especially when their displacement is accompanied or followed by a redrawing of
territorial boundaries. Conversely, stateless and denationalized individuals have often
been obliged to flee their usual place of residence. It is this link with refugee situations
that initially led the United Nations General Assembly to designate the Office of the
United Nations High Commissioner for Refugees (UNHCR) as the agency responsible
for overseeing the prevention and reduction of statelessness.
According to recent estimates there are some eleven million stateless persons around
the world. But this number is a “guesstimate”. It has been very difficult for organizations
to collect comprehensive data on the number of stateless persons because the concept
of statelessness is disputed among countries, because governments are often reluctant
to disclose information about statelessness, and because the issue of statelessness is
not high on the international community’s agenda.
In recent years, however, the international community has become more aware that
respect for human rights helps to prevent mass exoduses and forced displacements.
Similarly, there is growing awareness, based on the principles contained in international
treaties, that States are obliged to resolve problems of statelessness. Governments
must acknowledge, formally and in practice, that they do not have the right to withdraw
or withhold the benefits of citizenship from individuals who can demonstrate a genuine
and effective link with the country.
The best way that parliamentarians can demonstrate their determination to reduce or
eliminate the incidence of statelessness is to adopt national legislation that is consistent
with international law, that ensures that individuals will not be arbitrarily deprived of
nationality, that persons will be granted a nationality under certain circumstances in
which they might otherwise be stateless, and that adequate protection will be available
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