While recognizing the central role of States, it should be borne in mind that the
affected individuals and populations must be part of all efforts to address
statelessness. First-hand information on situations is only accessible through
consultation with affected stateless persons. In some cases, stateless populations also
have the capacity to play a role in redressing their situation. For instance, provided
there is an adequate legal and administrative framework in place, stateless persons
may be able to initiate procedures to acquire a nationality. In other cases, it is not
possible for affected populations to take initiative on their own behalf without
negative, even life-threatening, repercussions.
Many activities to address statelessness require outreach to affected populations,
advocacy with all sectors of society, training and capacity-building. Civil society can
make critical contributions in this respect and partners for UN action can come from
among a broad swathe of actors, such as government offices, legal-aid networks,
women’s rights groups, national human rights institutions, NGOs which provide
development assistance as well as academia.
Although advocating for and advising on reforms of legal, administrative, and
practical obstacles that create statelessness is the primary avenue for the UN system to
address statelessness, there are situations and circumstances where States do not
express the political will to resolve the stateless status of individuals or populations on
their territory, or might even take deliberate actions to exclude stateless individuals or
populations from integrating into their citizenries. Furthermore, the increasing focus
on State sovereignty with respect to protecting national security over the last decade
has in turn tightened some States’ positions with respect to integrating migrants and
other non-citizens into their respective body politics. Where faced with such political
obstacles for addressing statelessness, the UN will need to pursue its role in
promoting the respect for human rights and other international legal obligations
related to combating statelessness and supporting civil society and other groups to
achieve that end.
3. Promote and support action to prevent statelessness
The UN should promote action by States and civil society to prevent statelessness, as
doing so offers the most effective solution by preventing the phenomenon of
statelessness from occurring in the first place. Identifying potential causes and
targeted, timely action can prevent statelessness. Once statelessness occurs it is
generally more difficult to resolve and raises additional protection needs. In many
instances, statelessness is the result of foreseeable events: most importantly, gaps in
nationality legislation that lead to statelessness at birth and failure to ensure all
persons retain or acquire a new nationality at the time of State succession. At other
times, statelessness is a result of deliberate distinctions with respect to the application
of nationality laws and policies towards certain groups or individuals. The UN should
engage with States to prevent statelessness to address both technical and political
causes of statelessness. The UN should also encourage States to grant citizenship to
those on their territory who would otherwise be stateless following State succession as
well as children born on their territory who would otherwise be stateless at birth.
Where persons have difficulties furnishing relevant proof to establish their nationality,
they are at risk of not being considered nationals by a State. These persons and/or
their descendants may therefore be at risk of statelessness. Necessary forms of proof
may either relate to the question of whether a person is a national (for instance a
national identity document or passport), or to the legal requirements which a person
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