ADDRESSING STATELESSNESS THROUGH THE RULE OF LAW
5. CONCLUSION AND KEY RECOMMENDATIONS
As statelessness creates barriers to
individuals’ enjoyment of human rights
and their contributions to economies
and national development, it creates
a burden for both the people who
suffer from a lack of nationality and
for societies and governments more
broadly. A rule of law approach is
therefore necessary to address the
problem of statelessness. The rule
of law can help governments address
the challenges of statelessness, meet
their international obligations, and
improve their development outcomes
in line with the SDGs. There are clear
steps that States and other actors can
take to apply a rule of law approach to
address statelessness in a way that
also bolsters sustainable development
aspirations and ensures individuals
rights.
Recommendations for States and
development actors:
1. Ensure equality before the law
• Remove discriminatory provisions
and obstacles from nationality
laws, rules and procedures,
and review and reform laws,
rules, and procedures in order
to prevent the denial, loss, or
deprivation of nationality on
discriminatory grounds.
• Reform laws, policies, and
procedures to ensure equal
and meaningful access to birth
registration for all, including birth
registration through safe and
innovative technological solutions.
• Implement respect for the right
to a nationality and ensure
compliance with international
standards on statelessness
through accession to the UN
Statelessness Conventions and
inclusion of essential safeguards
against statelessness at birth
and later in life in nationality
legislation.
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• Require local, sub-national, and
national administrative bodies
to strengthen and extend basic
service provision to include
stateless people and persons
of undetermined nationality
and include them in national
development plans and projects.
2. Increase the capacity of rule
of law institutions to address
statelessness
• Establish statelessness
determination procedures for the
identification of stateless persons
in a migratory context to ensure
they have access to a recognised
legal status, basic rights, and
facilitated naturalisation, in line
with the 1954 Convention.
• Promote awareness-raising about
the root causes and consequences
of statelessness for individuals,
including those belonging to
minorities, and support a human
rights-based approach to solving
these issues.
• Strengthen judiciaries,
enabling them to properly and
independently adjudicate cases
related to statelessness and
educate lawyers on the issue and
how to represent stateless clients.
• Boost multilateral and bilateral
investment to improve the
capacity of States’ rule of
law institutions to address
statelessness.
3. Ensure stateless people have the
knowledge and support to realise
their rights, redress grievances
and resolve disputes, in line with
human rights standards
• Foster and invest in grassroots
efforts to strengthen the legal
awareness and empowerment of
stateless people
• Protect civic space for
mobilisation and advocacy for
and by stateless people, including
human rights defenders and
communities
• Ensure that efforts to build more
people-centred justice systems
account for the specific challenges
and needs of stateless people and
other non-citizens and are able to
protect and fulfil their rights.
4. Champion decision-making
mechanisms at all levels that
include stateless people and take
their needs and challenges into
account
• Develop and mainstream
innovative mechanisms for the
inclusion of stateless people in
decision-making about the policy
issues that affect their lives,
including service provision, not
only at the local level but also at
the national and global levels.
• Strengthen cooperation and
consultation with representatives
from stateless communities to
better understand the obstacles
they face in accessing legal
identity and citizenship and
use the outcomes of these
consultations to develop
tailored solutions to resolving
statelessness amongst these
communities.