. Identification
re ention and reduction o state essness
large-scale statelessness, as it does not require the individuals concerned
to take any action to acquire a nationality. However, procedures need to be
in place to ensure that these individuals can acquire documents that prove
they are nationals.
Other States have used non-automatic but facilitated acquisition
procedures. These include procedures where nationality is only acquired
upon application (but where granting nationality is non-discretionary) or
naturalization (which is normally a discretionary procedure). Non-automatic procedures are generally less effective in resolving statelessness because they require the person concerned to apply for nationality. For various reasons, including lack of information about the right to apply and
related procedures, or owing to problems of physical access or poverty,
some stateless persons may not be able to benefit from such procedures.
In addition, naturalization procedures usually give government authorities the discretion to reject applicants and may, in some cases, also lead to
unreasonable delays in the granting of nationality. Most successor States
to the Soviet Union have included facilitated naturalization or acquisition
procedures in their nationality laws for former Soviet citizens with links
to the country, but who did not become citizens automatically at the time
of dissolution.
Under the 1954 Convention, States have an obligation to facilitate the
naturalization of stateless persons (Article 32). This may be achieved, for
example, by reducing or waiving residence, income and language requirements for applicants and by exempting them from fees or the obligation to
provide documentary evidence. The 1997 European Convention on Nationality also establishes an explicit obligation to facilitate the naturalization of
stateless persons.99 Regardless of whether States are party to either of these
Conventions, the principle of non-discrimination must be respected with
regard to the criteria and procedures for naturalization.
The effectiveness of naturalization and other nationality processes
generally requires that adequate information and counselling is available
to stateless persons and that they have effective access to procedures.100
In practice, the operational involvement of organizations and civil society,
through information and citizenship campaigns or legal aid programmes,
has been particularly useful.
70
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