Statelessness Working Paper Series 2016/08
international human rights law and other international standards—such as those laid out in the 1961
Convention. Such legislation should ensure, for example, that all children acquire citizenship at birth
and receive relevant birth registration documents regardless of their ethnicity or race, or father’s
nationality or stateless status. As an initial step, Article 4 of Iraq’s 2006 Nationality Law, among others,
should be amended to eliminate any discriminatory impact.
The rule of law also promotes accountable institutions that respond to the needs of all individuals,
including the stateless. Institutions that are held accountable for their delivery are composed of a
network of decision-makers that have the capacity to manage the legal requirements related to legal
documentation or nationality, and the independence and character to do so equitably and with
integrity. Thus, in the situation of Iraq, institutional actors should be disciplined for denying children
their right to a nationality through their mothers. Administrative appeals procedures should be made
available.
Though there is no agreed definition, access to justice has been defined by some UN entities as the
ability to seek and obtain a remedy for grievances in accordance with human rights principles and
standards.37 The rule of law requires wide-levels of access to justice so that stateless populations and
other vulnerable groups can demand recourse for violations of their human rights or their rights to
legal identity, and otherwise hold relevant institutions accountable for delivering on their economic,
social, and political rights. In pursuit of their substantive rights, stateless people should be made aware
of their rights, including procedures for applying for nationality. The processes themselves, should be
straightforward and not cumbersome. Furthermore, individuals must also be given the right and the
ability to appeal negative status determinations for nationality.
The Global Action Plan to End Statelessness 2014-2024, highlights the role that strategic litigation can
play in reforming laws and institutional practices.38 As a principle means of identifying cases with
potential impact on law and policy, i.e. strategic litigation, legal aid provision should be more widely
resourced. Access to justice programming interventions that address violence against women can and
should also focus on addressing inequality in nationality provision in relevant contexts.
8. Conclusion
Solutions to statelessness require that we do more than amend laws or pass new legislation providing
for equal access to nationality; solutions require the adoption of measures that strengthen respect for
the rule of law more broadly. The rule of law framework discussed here—calling for the promotion of
sound laws, accountable institutions and access to justice—can help us conceptualize strategic
approaches to solving statelessness, including the urgent need to overcome discrimination against
women in nationality provision. Despite the potential impact that rule of law and access to justice can
play in ending the discriminatory application of nationality laws, much programming in this area has
historically been piecemeal and uncoordinated.39 The rule of law framework outlined here might
provide a helpful template to better rationalize interventions to rule of law challenges, including
discrimination in nationality provision and justice for survivors of SGBV.
In Iraq, this would mean coordinated advocacy campaigns at the national and international levels to
reform discriminatory nationality laws. These efforts would be coupled with capacity building efforts
37
UN Development Programme, Access to Justice Practice Note, 2004.
“Support initiatives by the legal community to ensure the grant of nationality to children who would otherwise be
stateless, including through strategic litigation. Build the capacity of legal professionals and the justice sector on
statelessness and nationality issues.” UNHCR, Global Action Plan to End Statelessness 2014-2024, p. 10.
39 See Camino Kavanagh and Bruce Jones, Shaky Foundations: An Assessment of the UN’s Rule of Law Support Agenda.
New York University, 2011, pp. 42, 63.
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