cratic discretion can give way to discriminatory action. Despite efforts by the central
governments of Brazil, Chile, and Colombia to increase birth registration and hence
access to citizenship, problems remain for specific populations. The groups that struggle to access birth registration—including members of indigenous groups, internallydisplaced persons, and ethnic minorities—are also the communities at a higher risk of
suffering discrimination.
Authorities should gather and use comprehensive data—disaggregated by gender,
ethnicity, and internal displacement353—to guide their nationality efforts. None of the
competent authorities in the three countries on which this study focused were able to
provide such statistics. This study provides preliminary findings based on our identification of the gaps in state law and practice, but in the absence of data, it is impossible
for countries to track the impact of policy initiatives or to determine the policy and
legislative changes that will close these gaps.
Authorities must invest in training and supervising public officials. The most vulnerable populations often reside in areas where state infrastructure is under-resourced or
absent, complicating any efforts to redress the denial of rights. Discretion in the interpretation of nationality laws, coupled with limited oversight of public officials responsible for documentation of identity processes, worsen the problem. States should increase
investment in training their officers, especially following shifts in administrative policy
and/or law (as in Chile and Colombia).
States must address discriminatory patterns in the access to the right to nationality and
documentation of identity. As the U.N. Human Rights Council notes, undocumented
immigrants, indigenous people, people of color, refugees, and IDPs are at the greatest
risk of non-registration of birth and at the greatest risk of experiencing discrimination when they cannot produce documentation.354 Therefore, states should monitor
patterns of discrimination, such as the patterns this study has identified in discrimination against undocumented migrants, members of indigenous communities, and other
minorities, through disaggregated equality data.355 Addressing discriminatory practices
will require collaboration with communities at the local level.
All three focal countries have government entities with a constitutional or legal
mandate to protect the rights of members of ethnic minorities, but their presence,
funding, and mandate vary. Brazil has specialized policies for birth registration of indigenous minorities, Chile lacks specialized policies, and Colombia, by having strong constitutional protections addressing the rights of ethnic minorities, but lacking specialized
policies in relation to birth registration or the right to nationality, falls somewhere in
between. Regardless, ethnic minorities and indigenous groups in all three countries
82
CONCLUSIONS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents