‘Legal Identity for All’ and Statelessness
mosaic’ in relation to civil status documents, 59 and an EU regulation came into
force in 2019 that aims to reduce costs and shorten lengthy procedures for mutual
recognition of a range of public documents. 60 But all these efforts are limited in
their ambition and scope: not even the EU regulation aims to harmonise the great
variety of policy rules among member states regarding verification of facts stated
in foreign civil status documents. 61
Agreements on the regulation of private international law thus seem to have the
potential to resolve these issues, to ‘focus the analysis on the migrant as an
individual rather than on the state’s interests’ when it comes to global migration
governance. 62 But progress so far is not encouraging.
Public international law, moreover, provides no right to the consular assistance
that is needed by a person navigating these cross-border registration labyrinths. It
protects the right of a state to assist its nationals (should it so wish), and the rights
of migrants to be informed of the availability of the assistance that does exist, but
does not establish an obligation for states to provide assistance. 63 There is only a
somewhat limp commitment in the Global Compact for Safe, Orderly and Regular
Migration of 2018, to ‘ensure adequate, timely, reliable and accessible consular
documentation to our nationals residing in other countries, including identity and
travel documents’. 64 The language was watered down from the initial draft in order
to reduce the focus on rights and increase the focus on control. 65
59
60
61
62
63
64
65
Mariolina Eliantonio, Silvia Brunello and Hanno von Freyhold, Life in Cross-Border
Situations in the EU: A Comparative Study on Civil Status (Study, European Parliament
Committee
on
Legal
Affairs
February
2013)
ch
2.1
<http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/474395/IPOLJURI_ET(2013)474395_EN.pdf>. See also Birgit Feldtmann et al, Facilitating Life Events
(Final Report, European Commission, DG JLS – Directorate-General for Justice, Freedom
and
Security
October
2008)
<http://www.freyvial.de/Publications/Civil_Status_in_Europe_Fullreport.pdf> and the work
of the European Association of Civil Registrars <https://evs-eu.org/en/explanations/>.
Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on
Promoting the Free Movement of Citizens by Simplifying the Requirements for Presenting
Certain Public Documents in the European Union and Amending Regulation (EU) No
1024/2012 [2016] OJ L 200/1. See also Alenka Prvinšek Persoglio, ‘State Obligation to
Establish Legal Identity in Comparative Perspective’, London School of Economics Middle
East Centre (Blog Post, 1 May 2019) <https://blogs.lse.ac.uk/mec/2019/05/01/stateobligation-to-establish-legal-identity-in-comparative-perspective/>.
Gerard-René de Groot and David de Groot, ‘Recognition of Civil Status (Certificates), with
Special Attention to Secondary Recognition of Documents Already Recognized in Another
Member State’ in André Janssen and Hans Schulte-Nölke (eds), Researches in European
Private Law and Beyond — Contributions in Honour of Reiner Schulze’s Seventieth Birthday
(Nomos 2020) 283.
Sabine Corneloup, ‘Can Private International Law Contribute to Global Migration
Governance?’ in Horatia Muir Watt and Diego P Fernández Arroyo (eds), Private
International Law and Global Governance (Oxford University Press 2014) 301, 302.
Vienna Convention on Consular Relations, opened for signature 24 April 1963, 596 UNTS
261 (entered into force 19 March 1967) art 5; International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families, opened for signature 18
December 1990, 2220 UNTS 3 (entered into force 1 July 2003), arts 7, 65(2); The Right to
Information on Consular Assistance in the Framework of the Guarantees of the Due Process
of Law (Advisory Opinion) (Inter-American Court of Human Rights, Series A No 16, 1
October 1999).
Global Compact for Safe, Orderly and Regular Migration, GA Res 73/195, UN GOAR, 73rd
sess, Agenda Items 14 and 119, UN Doc A/RES/73/195 (11 January 2019, adopted 19
December 2018) annex 12 [20(c)].
Amal de Chickera, ‘GCM Commentary: Objective 4: Ensure That All Migrants Have Proof
of Legal Identity and Adequate Documentation’, Refugee Law Initiative Blog (Blog Post, 8
November 2018) <https://rli.blogs.sas.ac.uk/2018/11/08/gcm-commentary-objective-4/>.
259
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