Administrative deficiencies, such as limited access to identity documents, also
present a challenge, particularly for populations in border regions. Insufficient training
and supervision of registrars and service providers, inconsistent procedures across government agencies, and a lack of information on rights and services and the processes
to access them constitute related barriers to nationality.
Meanwhile, policy shortcomings cause additional problems. These inadequacies
include the low priority given to the prevention of statelessness and documentation of
at-risk populations; lack of consistent policies between the national government and
local/provincial authorities; inappropriate linking of documentation of identity and
nationality; little or no cooperation between levels of government; insufficient measures
to address the needs of vulnerable populations; poor data collection, resulting in a poor
understanding of birth registration; and the gap between the state’s international commitments and the resources devoted to meeting them in practice.
These challenges are exacerbated by difficulties in gaining access to justice. Lack
of legal services in areas where bad practices are likely to occur, the high cost and
procedural obstacles to seeking redress through judicial mechanisms, and the modest
role courts play in clarifying legal norms make it more difficult for those who suffer
citizenship problems to find effective redress.
In light of these challenges, Brazil, Chile, Colombia, and other countries in the
Americas must do more to extend good practices and policies on nationality. Such
efforts must focus in particular on geographically isolated and ethnically and culturally
distinct populations. States must invest greater resources in training officials, adjusting
legal frameworks and administrative procedures to provide better services, and reaching
underserved populations.
States in the Americas have achieved great progress in increasing birth registration, and hence access to citizenship and the protections that come with it. But
challenges remain. These obstacles to birth registration disproportionally affect those
more likely to face discrimination, such as members of indigenous and ethnic minority
groups, residents of remote areas, and the children of migrants. Changes in policy and
practice are needed to address these shortcomings.
BORN IN THE AMERICAS
21
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