5. Promote the acquisition of nationality as the primary solution
The acquisition of a nationality is the only solution to statelessness as full enjoyment
of all human rights is generally only possible when an individual possesses a
nationality. In particular, nationality brings with it access to political participation, the
full right to residence within a State’s territory, and also a sense of identity. Stateless
people can overcome many of the problems they face once they possess a nationality.
Enabling stateless persons to acquire a nationality is a foundational step towards legal
empowerment to pave the way for their full enjoyment of all civil, political,
economic, and social rights.
Solutions to statelessness generally depend on political will and capacity. This flows
from the fact that only States can grant nationality. The will to act may be a
significant challenge where statelessness is linked to discrimination. Attitudes which
have led to the exclusion of a population must be overcome. Decision makers need to
be convinced that the integration of stateless populations will be a positive step. Lack
of capacity can play a role where State authorities wish to address problems related to
statelessness but do not have the expertise or resources to do so. The UN should
therefore highlight the positive effects for States to reduce statelessness by granting
citizenship to stateless persons, stressing the detrimental impact statelessness has on
individuals, communities and society as a whole. To address capacity deficits, the UN
must stand ready to provide technical and practical assistance to States which decide
to take action on statelessness.
6. Recognize and redress discrimination as a common cause and consequence of
statelessness
Discrimination on the basis of racial, ethnic, religious, linguistic and presumed
national origin is often a root cause of statelessness. Given that possession of
nationality generally brings with it political rights, governments or political parties
may question whether certain individuals or groups “belong” to the country, notably
in the context of political tension or upcoming elections. Where persons lack
documentation to prove their nationality, discrimination can be a decisive factor in
leading the State to the conclusion that the person is not a national.
Marginalization and discrimination in turn, tend to be further aggravated because of
statelessness. The UN needs to take action to resolve the social and economic
exclusion of stateless persons by, for example, including such persons in education,
health and poverty reduction programmes. Socio-economic integration of stateless
persons enhances opportunities for legal integration through acquisition of a
nationality.
7. Guarantee gender equality in nationality laws and their implementation to
prevent statelessness
Further work is necessary to overcome persistent obstacles for women to enjoy equal
rights as men regarding citizenship matters. Contrary to international human rights
standards such as those set out in the ICCPR and CEDAW, the laws of numerous
States continue to contain gender-discriminatory provisions and this renders women
and their children more susceptible to statelessness. For example, statelessness can
result where women do not have equal rights with men to acquire, change or retain
-7-
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