nationality, due to the information it provides about a person’s links to a State.59 It is
therefore key to implementing both the Convention on the Rights of the Child and the
1961 Convention. All births in Latvia must be registered within a month, but parents
must submit documentation, so children of undocumented migrants or those with
irregular residence status in the country are at risk of remaining unregistered. Although
birth registration and statelessness are not synonymous, birth registration is often the
first step in establishing a person’s identity and nationality. Not being registered at
birth and not obtaining a birth certificate can increase risks of statelessness.
33. The majority of children born to parents with 'non-citizen' status in 2014-17 were
registered as Latvian nationals. As of 1 January 2020, there were 2,736 ‘non-citizen’
children under 15. The number of children registered as ‘non-citizens’ since the easing
of registration requirements of ‘non-citizen’ children as Latvian citizens in 2013, is
297.60 There are no reports of significant numbers of children remaining unregistered
due to parents' lack of documentation or legal status in Latvia, but there are
discussions ongoing about how to ensure all births are registered where parents or
medical personnel have failed to report a birth for more than six months. New
procedures to facilitate registration are due to be in place by 2022.61
Issue 3: Statelessness determination and protection in the
migratory context
34. To be able to provide the protection and rights enshrined in the 1954 Convention to
stateless persons in a migratory context, including a residence permit and the right to
work, study and facilitated naturalisation, State parties need to be able to identify and
determine who on their territory requires protection under the Convention. UNHCR
recommends that, in the case of stateless migrants and refugees, this is best fulfilled
through a dedicated statelessness determination procedure.62
35. There is a dedicated statelessness determination procedure (SDP) established in
Latvian law, and the competent authority for the SDP is the Office of Citizenship and
Migration (OCMA). 63 The Law on Stateless Persons states that someone may be
recognised as a stateless person in the Republic of Latvia “if some other state has not
recognised the person as a citizen thereof in accordance with the laws of such state.”
Additionally, a person who has lost the status of ‘non-citizen’ shall be recognised as a
stateless person if they do not hold another nationality nor guarantee of being issued
one.64
59
UNHCR and UNICEF (2017) Convention on the Rights of the Child Quick Reference Guide: Statelessness and Human Rights
Treaties: https://www.unhcr.org/ibelong/wp-content/uploads/UNHCR-CRC-02-UNHCR-UNICEF.pdf
60 Latvijas iedzīvotāju sadalījums pēc dzimšanas gada un valstiskās piederības (Datums=01.01.2020),
https://www.pmlp.gov.lv/lv/assets/ISVG_Latvija_pec_DZGada_VPD_2020.pdf
61 Informatīvais ziņojums par konceptuālu risinājumu informācijas par bērna dzimšanu apmaiņai starp ārstniecības iestādi un
dzimtsarakstu nodaļu (Informative report on a conceptual solution for exchanging information on the birth of a child between a
medical institution and a registry office), 2018: http://tap.mk.gov.lv/lv/mk/tap/?pid=40464318&mode=mk&date=2018-10-30;
Ministry of Health, Piedāvā risinājumu visu jaundzimušo reģistrēšanai, 30 Oct 2018:
http://www.vm.gov.lv/lv/aktualitates/preses_relizes/5845_piedava_risinajumu_visu_jaundzimuso_registresanai
62 UNHCR (2014), Handbook on Protection of Stateless Persons, https://www.unhcr.org/dach/wpcontent/uploads/sites/27/2017/04/CH-UNHCR_Handbook-onProtection-of-Stateless-Persons.pdf
63 The information relating to the SDP and not to the procedure for the determination of ‘non-citizen’ status, for which OCMA is
also the competent authority. By law, a person who has lost the status of ‘non-citizen’ shall be recognised as a stateless person
if they do not hold another nationality nor guarantee of being issued one.
64
Law on Stateless Persons, 2007, Articles 2.1 & 2.2: https://likumi.lv/ta/en/en/id/84393-law-on-stateless-persons
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