Statelessness Working Paper Series 2016/08 that the countries with stateless populations of 100,000 or more tend to be ranked in the bottom third of the rule of law index. Myanmar, with a stateless population of 938,000 is ranked 92 out of 102 countries. Cote d'Ivoire at 700,000 stateless people is ranked 76. Only Thailand breaks from this pattern, with 444,000 stateless people and a ranking of 56 on the Rule of Law Index. Even at 56, Thailand is but one step above El Salvador (suffering from one of the world’s highest homicide rates) and several below Albania (a country with significant levels of organized criminal activity). Unfortunately, the World Justice Project was unable to conduct its survey in Iraq for its 2015 review. A rule of law framework to address statelessness is based on: 1) sound legal frameworks; 2) accountable and inclusive institutions and; 3) wide levels of access to justice. Working together, these interventions promote participation, accountability non-discrimination and equity in the provision of nationality, legal identity, legal documentation and essential services. The chart below provides a rough illustration of how the rule of law framework might be applied to statelessness challenges: Rule of Law Framework for Addressing Statelessness Legal frameworks Institutions Access to Justice Procedural considerations/ Thin definition of the rule of law Eligibility requirements for nationality are clear, and not narrowly drawn so as not to undermine the intent of new laws granting nationality and legal identity documents. Authorities across all relevant institutions provide equitable access to information and processes related to nationality. Implementation of nationality regulations is done without corruption and without arbitrariness, consistent with transparent and publically promulgated procedures. Women are employed as administrators or adjudicators in the provision of legal status/legal identity. Special consideration given to women, who may require additional time to file applications and/or appeals. Any adjudication over nationality is conducted efficiently, and in a transparent and easily understood manner, including by illiterate groups. Negative status determinations on applications for nationality can be appealed efficiently and effectively. Lawyers or civil society actors are free to discuss process and rights without fear of intimidation or other obstacles. Substantive considerations/ Thick definition of the rule of law All discriminatory laws are stricken. Legal frameworks guarantee non-discriminatory access to nationality. Laws related to political, civil, economic and social rights are found to apply to stateless or formerly stateless people; the State undertakes to remedy human rights violations of the past, including through compensation. Stateless groups participate in the development of nationality laws. Authorities across all relevant institutions recognize right to access nationality and act accordingly. Authorities provide unencumbered access to essential services in health, education, water and sanitation and other rights to stateless or formerly stateless groups. Authorities allow for greater voice, respecting the political and civil rights of stateless or formerly stateless people. Women are treated as equals to men and realize their right to nationality in large numbers. Stateless individuals enjoy the right to access justice, and apply for nationality; have recourse to bring violations of their human rights before a court or other dispute resolution mechanism and receive a remedy that is in furtherance of those rights. The process is empowering and leads to greater equality between groups. As delineated above, the rule of law requires the development of legal frameworks that provide access to nationality, and ensure the protection of the human rights of stateless persons. Legislation to prevent or reduce statelessness must be participatory and inclusive, and be consistent with 8

Select target paragraph3