Stand-alone unit E Minorities, nationality and statelessness Summary This stand-alone unit discusses the vulnerability of ethnic, religious and linguistic minorities to statelessness. Students are first provided with an introduction to the concepts of nationality and statelessness. The scale and impact of the problem of statelessness worldwide is discussed and an impression is given of the consequences of statelessness for individuals, communities and States. Next, students take a look at how nationality is attributed by States and at how discrimination can be a factor in laws and policies relating to nationality. In particular, this unit discusses the existence of, and reasoning behind, nationality laws that discriminate either directly or indirectly against minority groups. It looks at how statelessness can children. Relevant human rights norms are then presented, including those found in CERD, resolutions of the Human Rights Council (and the former Commission on Human Rights) and regional instruments. Students are also familiarised with the decision of the Inter-American Court on Human Rights in the Case of Yean and Bosico v. Dominican Republic and relevant decisions of the African Commission on Human and Peoples' Rights. Finally, students discuss other efforts that are being made to combat discrimination in relation to the right to a nationality and to avoid statelessness in this context, including by looking at the role of different national, regional and international actors in addressing this issue. result from arbitrary deprivation of nationality or be perpetuated by denial of citizenship, including through the presentation of examples of such practices. Discrimination is thereby also identified as a barrier to the reduction of statelessness. Thereafter, the relevant international legal framework is identified. The provision of the 1961 Convention on the Reduction of Statelessness that addresses discriminatory deprivation of nationality is considered. It may be of interest to offer some background information on the overall approach and current standing of this Convention and to ask students to assess the strengths and weaknesses of the 1961 Convention in tackling statelessness among Learning objectives • Describe the problem of statelessness, its scale and consequences. • Explain the ways in which discrimination, on grounds such as ethnicity, language and religion, may be a factor in the attribution of nationality and may lead to statelessness and appreciate the acute vulnerability of minorities to statelessness. Appreciate the strengths and weaknesses of •international standards for the avoidance of statelessness • Discuss the importance of the Inter-American Court of Human Rights’ decision in the Case of Yean and Bosico v. Dominican Republic and relevant decisions of the African Commission. Identify some of the actors that are involved in •combating racial discrimination where it impacts on the right to a nationality and discuss how they are contributing to a response to this issue. arising from discrimination against minorities. Readings and information sources Key readings providing a general introduction to statelessness Leclerc, R. Colville, “In the Shadows” in Refugees Magazine, No. 147, Issue 3, 2007. * P. http://www.unhcr.org/46d2e8dc2.html Manly, S. Persaud, “UNHCR and responses to statelessness” in Forced Migration Review, Issue 32, April 2009. * M. http://www.fmreview.org/FMRpdfs/FMR32/07-10.pdf A Guide to Teaching on Statelessness 15