to public services, and naturalisation rates remained low.50 As such, the Committee
recommended that Latvia:
“a) Step up measures to decrease the number of persons without nationality
by continuing to facilitate access to naturalisation;
(b) Find ways and means to phase out the separate legal category of noncitizen;
(c) Consider allowing non-citizens who are long-time permanent residents to
participate in local elections;
(d) Prevent discrimination of these individuals in access to public services;
(e) Continue to remove any remaining barriers to naturalisation and
facilitate naturalisation for individuals wishing to partake in it”.51
26. Having made these recommendations to Latvia in 2018, the Committee, reflecting on
Latvia’s response to these recommendations in a 2020 letter to the Permanent
Representative of Latvia to the UN, expressed concern that:
“the number of those non-citizens who annually receive citizenship of Latvia
or another country has remained stable. It is also concerned that the reported
yearly decrease in the number of non-citizens is to a certain extent attributed
to non-citizens passing away. The Committee considers the response to this
recommendation partially satisfactory and encourages the State party to
strengthen its efforts to facilitate access to naturalisation in order to further
decrease the number of persons without nationality”.52
27. In addition to pursuing naturalisation for adult non-citizens, as signatory to the
Convention on the Rights of the Child (CRC), Latvia must implement Article 7 to provide
for the right of every child to be registered immediately after birth and acquire a
nationality, and Article 8 to respect the right of the child to preserve their identity,
including nationality. UNHCR has stated that the right to a nationality is a right that is
“essential for the protection of every child”.53 In addition, obligations deriving from the
1961 Convention require Latvia to grant nationality to children who would otherwise
be stateless and must be interpreted in light of the CRC.54 This includes the underlying
principles of non-discrimination (Article 2 of the CRC), and that all actions concerning
children, including in the area of nationality, must be undertaken with the best
interests of the child as a primary consideration (Article 3).
28. Addressing the acquisition of citizenship of the children on non-citizens, the CERD
Committee recommended in 2018 that Latvia:
“Intensify efforts to ensure that all children have access to a nationality at
birth, including by successfully amending the Citizenship Law to automatically
50
Committee on the Elimination of Racial Discrimination, ‘Concluding Observations on the Combined Sixth to Twelfth Periodic
Reports of Latvia, CERC/C/LVA/CO/6-12, 25 September 2018, para. 20.
51 Committee on the Elimination of Racial Discrimination, ‘Concluding Observations on the Combined Sixth to Twelfth Periodic
Reports of Latvia, CERC/C/LVA/CO/6-12, 25 September 2018, para. 21.
52 Letter from the Chair of the Committee on the Elimination of Racial Discrimination to His Excellency the Permanent
Representative of Latvia to the United Nations Office Geneva, CERD/101st session/FU/MJA/ks, 24 September 2020, available
at: https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/LVA/INT_CERD_FUL_LVA_43389_E.pdf
53 UNHCR (2018) Ensuring the right of all children to acquire a nationality: Connecting the Dots between the Convention on the
Rights of the Child and the Convention on the Reduction of Statelessness: https://www.refworld.org/docid/52206aa54.html
54 UNHCR Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through Articles 1-4 of the
1961 Convention on the Reduction of Statelessness: https://www.refworld.org/docid/50d460c72.html
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