A key conclusion of this report is that states have no clear notion whether all
persons born in their territory, with the attendant right to nationality, can actually prove
their nationality in practice. All three countries studied have incomplete data and lack
disaggregated information that would enable them to identify and address gaps in citizenship practices. All three states over-rely on birth registration statistics as the sole
measure of progress in ensuring nationality rights. Overreliance on this one data point
obscures the fact that many people in Brazil, Chile, and Colombia are unable to secure
nationality. States maintain multiple databases that are neither compatible, nor centrally
administered, making it nearly impossible to analyze data, and hampering development of targeted policies. To determine why children who are born in the territory are
unregistered, or registered but unable to secure nationality, appropriate data collection
is paramount.
This report further concludes that access to civil registration and documentation
of identity is the foundation for securing the right to nationality in practice. For example, having one’s birth officially registered is a universal right of all children, and a birth
certificate is the central document to prove nationality and the foundational document
for other national identity documents. But as this study finds, the actual practice of birth
registration is uneven across the three countries, marked by gaps in services, discretion
granted to low-level functionaries, and frequent failure to register births among indigenous groups, ethnic minorities, and residents of remote areas.
The countries profiled here represent varied challenges in the implementation of
jus soli provisions. They represent a range of jus soli practices, from unrestricted jus soli
in Brazil, to jus soli subject to exceptions in Chile, to conditional jus soli in Colombia.
All three countries are bound by the jus soli statelessness safeguards of the American
Convention on Human Rights.
Brazil, Chile, and Columbia share problems that undermine the right to nationality in practice. These problems are common to many countries in the Americas. First,
discrimination and persecution often discourage people—especially members of indigenous and ethnic minority groups—from seeking birth registrations. Discretion in the
interpretation of nationality laws coupled with limited oversight of the officials in charge
of documentation of identity processes render these fears well founded. Short-term
solutions cannot remedy this problem.
Beyond discrimination, there are other problems that affect the right to nationality in Brazil, Chile, and Colombia. These include legal deficiencies, such as conflicts
between domestic legal frameworks and international obligations; conflicts between
nationality regulations and other fields of law, particularly civil registration; unrealistic
standards for proof of birth; and the absence of retroactive measures to address gaps
left by changes in administrative policies and nationality laws.
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E X E C U T I V E S U M M A R Y A N D R E C O M M E N D AT I O N S
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