Specifically, the UNGA has on multiple occasions observed that there is a right to nationality.66 Of
course the UNGA adopted the Universal Declaration of Human Rights providing that everyone has a
right to a nationality,67 but the Assembly has also adopted many other statements that argue that
statelessness in general must be remedied, 68 and that statelessness of children is an especially acute
problem,69 because everyone has a legal identity.70 Sometimes the focus of the UNGA concern over
statelessness was in the context of succession of states,71 though in those cases, the UNGA was
careful to also specify that statelessness should not occur at birth following state succession.72 In fact,
the UNGA is so concerned about statelessness that it has specifically requested the ILC to study the
matter from a juridical perspective,73 and added the issue to the portfolio of the UN High
Commissioner for Refugees (UNHCR) from a practice and advocacy perspective.74
But the UNGA is not alone. The Economic and Social Council,75 the Human Rights Council,76
Human Rights Commission,77 and the Office of the High Commission for Human Rights78 have all
A person without a nationality was deprived not only of the rights of citizenship within any State, but also, in
international relations, of the diplomatic protection which a State extended to its nationals. From the point of view
of international law itself, statelessness was an anomaly, as had been recognized by the International Law
Commission... Both from the humanitarian and from the juridical points of view there were, therefore, strong
reasons for eliminating statelessness or reducing it as much as possible.
Eur. Union, Note Verbale to the United Nations, Pledge registration form § A, para. 4 (Sep. 19, 2012) available
at
https://www.un.org/ruleoflaw/files/Pledges%20by%20the%20European%20Union.pdf
(“EU
Pledge
registration form”) (EU Member States pledged at the UN High Level Rule of Law Meeting in New York in
September 2012 to address the issue of statelessness by ratifying the 1954 UN Convention relating to the status
of stateless persons and considering the ratification of the 1961 UN Convention on the reduction of
statelessness)
66
See UNGA Res. 50/152, Office of the UN High Commissioner for Refugees (Feb. 9, 1996) (specifically
recognizing the fundamental nature of the prohibition of arbitrary deprivation of nationality.”)
67
See UDHR, supra note 41 at art. 15(1).
68
See id. (“Everyone has right to a nationality.”); id. at art. 15(2) (“No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.”); UNGA Res. 8 (I) (Feb. 12, 1946); 429 (V) (Dec. 14, 1950); 538 (VI) A & B
(Feb. 2, 1952); 539 (VI) (Feb. 4, 1952); 629 (VII) (Nov. 6, 1952); 896 (IX) Elimination or reduction of future statelessness
(Dec. 4, 1954); 50/152, supra note 66; 55/153, Sustainable Development Goals (Jan. 30, 2001); 64/127, para. 4 (Dec. 18,
2009)
69
See UNGA Res. 67/149, para. 23 (Dec. 20, 2012) (“Recognizes that birth registration provides an official record of a
child’s legal identity and is crucial to preventing and reducing statelessness, and welcomes pledges by States to ensure the
birth registration of all children”). Also see UNGA Res. 67/150, paras. 4, 7, 9 (Dec. 20, 2012); 66/135, paras. 4, 7, 10 (Dec.
19, 2011); 65/193, paras. 3, 5, 10 (Dec. 21, 2010); 64/129, paras. 3, 5, 10 (Dec. 18, 2009); 63/149, paras. 3-4, 9 (Dec. 18,
2008); 62/125, paras. 3-4, 9 (Dec. 18, 2007); 51/75, Office of the United Nations High Commissioner for Refugees, para. 18
(Dec. 12, 1996).
70
See UNGA Res. 55/153, supra note 68 at Target 16.9; UNGA Res. 70/1, Transforming our world: the 2030
Agenda for Sustainable Development (Oct. 21, 2015)
71
See UNGA Res. 55/153, supra note 68; 59/34 (2004).
72
See UNGA Res. 55/153, supra note 68.
73
See Int’l L. Comm’n, Draft Articles on Nationality of Natural Persons in relation to the Succession of States, II(2) YB
INT’L L. COMM’N 24 (1999); Int’l L. Comm’n, 211th Mtg., Wed., 8 July 1953, at 9.30 a.m., I YB INT’L L. COMM’N (1953),
UN Doc. A/CN.4/SER.A/1953 (discussing the Draft Convention on the Elimination of Future Statelessness, UN Doc.
A/CN.4/64) (Pal at para. 24: “He would only point out that the right of nationality was a basic human right, and that every
case of statelessness was proof that that right had been violated.”); (Zourek at para. 41: “Statelessness was an evil in
international relations; it was an evil alike for individuals and for national administrations which were called upon to solve
individual cases. It was generally postulated that statelessness was due to action by governments.”),
74
See UNGA Res. 50/152, supra note 66; 63/148 (Dec. 18, 2008); 31/36 (Nov. 30, 1976); 3274 (XXIX) (Dec. 10, 1974);
UN High Comm’r Refs., Exec. Comm. Concls. No. 106 (LVII) (2006), paras. (s), (x); 90 (LII) (Oct. 5, 2001); 78 (XLVI)
(1995) (requesting UNHCR to advocate for accession to the 1954 and 1961 Statelessness Conventions)
75
See Econ. & Soc. Council Res. 18 (III) (Oct. 3, 1946); 116 (VI) D (Mar. 1-2, 1948); 248 (IX) A & B (Aug. 6, 8, 1949);
319 (XI) A & B (Aug. 11, 16, 1950); Econ. & Soc. Council, Drafting Committee on an International Bill of Human Rights,
Report on its First Session, UN Doc. E/CN.4/21 (July 1, 1947); Econ. & Soc. Council, Working Party on an International
Convention on Human Rights, Report, UN Doc. E/CN.4/56 (Dec. 11, 1947); UN, A Study of Statelessness, supra note 39;
Econ. & Soc. Council, Ad Hoc Committee on Statelessness and Related Problems, Summary Records of the second and third
meetings, UN Doc. E/AC.32/SR.2 & 3 (Jan. 26, 1950); Econ. & Soc. Council, Ad Hoc Committee on Statelessness and
Related Problems, Report, UN Doc. E/1618, UN Doc. E/AC.32/5 (Jan. 16, Feb. 16, 1950).
10
Electronic copy available at: https://ssrn.com/abstract=3091912
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