face discrimination in birth registration and nationality processes that the states should
address. Birth registration should be guaranteed to all children born in the territories,
a guarantee that is lacking in Colombia and not fully implemented in Brazil or Chile,
and countries should take specific steps to ensure full implementation.
Government entities with complementary or shared competences should coordinate
their efforts. Based on the research conducted for this report, it appears that communication among competent government agencies is sparse. Improving inter-agency
cooperation would help address administrative barriers preventing children’s access
to nationality and prevent one from entity contradicting, or duplicating the efforts of
another.
Law and practice at the domestic level must be harmonized with binding international
norms. Incorporation of an international obligation into nationality legislation falls
short if domestic procedures are not adjusted accordingly. The findings of this report
indicate that it is urgent that international law inform the day-to-day implementation
of nationality laws in American states. States must harmonize legal frameworks as well
as administrative procedures, service delivery, and trainings to officers, to ensure that
international norms and principles, including the best interests of the child, inform
law, procedure, and decisions to guarantee the right to nationality and the prevention
of statelessness.
Every country in the Americas should implement nationality procedures that
fully guarantee the right to nationality as established by Article 20 of the American
Convention on Human Rights, one of the strictest treaties with respect to statelessness
safeguards. Colombia’s laws clearly fall short of these standards. Colombia must grant
access to Colombian nationality to stateless children born in the territory automatically, without requiring naturalization of children not entitled to nationality in other
states and without withholding nationality from children who cannot prove they have
no access to another nationality. Current policy creates insurmountable obstacles for
many of the parents of children most likely to be affected.
Regional forums should be used to address shortcomings in documentation of identity
processes, especially in border regions. There are several regional and sub-regional
forums where governments of neighboring countries regularly meet, and these tend to
be underutilized platforms for exchanging good practices, coordinating efforts to document populations and to ensure a facilitated access the right to nationality for children,
and addressing older generations who have remained undocumented and unable to
prove their identity and nationality.
BORN IN THE AMERICAS
83
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