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
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