Reduction of statelessness can therefore bolster national reconciliation and help
prevent a return to conflict. When linked with efforts to address underlying societal
discrimination, UN action to resolve statelessness may also form the basis for poverty
reduction and sustainable, inclusive development.
The UN General Assembly has entrusted the Office of the United Nations High
Commissioner for Refugees (UNHCR) with a mandate relating to the identification,
prevention and reduction of statelessness and protection of stateless persons.
However, this Guidance Note affirms that all UN entities system-wide must increase
their efforts to address statelessness. The UN should tackle both the causes and
consequences of statelessness as a key priority within the Organization’s broader
efforts to strengthen the rule of law. Given the magnitude and complexity of the
problem and the damaging impact on human lives, efforts would need to be redoubled
to prevent statelessness and to address statelessness wherever it occurs, including in
States outside of UN peace and political operations. The UN, particularly UNHCR,
also needs to provide leadership in this regard and work with States, international and
regional organizations, and non-governmental organizations. This Guidance Note
outlines the guiding principles and policy framework for action to address
statelessness, including concrete activities to be undertaken and required institutional
arrangements.
A. GUIDING PRINCIPLES
UN engagement in addressing statelessness should be guided by a number of
principles that support the development, promotion and implementation of
international norms relating to statelessness. The policy framework set forth below
enunciates this set of guiding principles and is the result of an assessment of
international legal standards and the experience of the UN in addressing statelessness
to date.
1. Base action on international norms and standards related to nationality and
statelessness
Internationally agreed rules relating to the prevention and reduction of statelessness
and standards of treatment of stateless persons address many of the challenges faced
by stateless individuals. Such rules are provided by an inter-related set of norms found
in two international conventions on statelessness, a range of standards contained in
universal and regional human rights and other instruments, and customary
international law.4
The prerogative of States to determine the rules for acquisition, change and loss of
nationality is limited by international law, in particular human rights law. The
Universal Declaration of Human Rights (article 15) establishes the universal right of
every individual to a nationality, a right which has been reaffirmed by a number of
universal and regional human rights instruments, including the American Convention
on Human Rights (article 20) and the European Convention on Nationality (article 4).
As a corollary to this right, States must make every effort to avoid statelessness
through legislative, administrative and other measures.
4
An overview of the international legal framework is provided in UN Human Rights Council, Human
rights and arbitrary deprivation of nationality: report of the Secretary-General, 14 December 2009.
2009, A/HRC/13/34, available at: http://www.unhcr.org/refworld/docid/4b83a9cb2.html.
-3-