have all expressed concern and taken actions on statelessness within their mandates, especially on the
problem of child statelessness.90 Sometimes these actions involved identifying the law on the
prohibition of stateless and sometimes they involved identifying the mechanisms that would lead to
the practical realization of preventing stateless at birth,91 such as accession to the statelessness
conventions, that would require states to grant nationality at birth to stateless children.92 With
statelessness at birth considered a problem, the solution is almost always the same: where a child is
born stateless, the state of birth should grant nationality. It is true that some of these expressions of
concern condition the grant of nationality to stateless children on continued residence in the state of
birth,93 but the fundamental underlying norm that the state of birth bears the responsibility for
nationality is maintained. Admittedly it is not clear under international law whether the resolutions
and statements of organizations other than the UN can create a presumption of customary
international law, but the combined effect of the views of these organizations, including the obligation
to grant nationality to stateless children born in the territory, coupled with that of the UN certainly
creates a presumption.
Lastly, as mentioned above, the UNHCR has a special role in addressing statelessness.94 The UNHCR
has been specially appointed as the authority to manage these issues under the Convention on the
Reduction of Statelessness.95 The UNHCR Executive Committee has issued opinions on
the efforts of UNHCR and propose to work with it in seeking to enact the necessary legal framework and introduce safeguards to
avoid situations of statelessness, including through ensuring that every child acquires a nationality at birth and promoting gender
equality to enable women to confer nationality on their children.
Inter-Parl. Union & UN High Comm’r for Refs., Nationality and Statelessness: A Handbook for Parliamentarians (2005)
90
See ICCPR, supra note 41 at art. 24; CRC, supra note 42 at art. 7; UNGA, UN Sec’y-Gen., UN High Comm’r Hum Rts.,
Annual report: Human rights and arbitrary deprivation of nationality, supra note 47.
91
See HRC Res. 32/5, supra note 76; HRC Res. 26/14, supra note 76; HRC Res. 20/5, supra note 76; HRC Res. 13/2, supra
note 76; HRC Res. 10/13, supra note 76; HRC Res. 7/10, supra note 76; Hum. Rts. Council, Working Grp on the Univ.
Period. Rev., Draft report: Lebanon, UN Doc. A/HRC/WG.6/23/L.2, para. 5.215 (Nov. 4, 2015) (HRC, UPR Report)
(“Improve the situation of refugees by facilitating their registration and by renewing residency permits; by setting up an
effective mechanism for birth registration to avoid statelessness of newborn children; and by allowing refugees, including
Palestinian refugees, access to segments of the official labour market (Germany)”); HRC, UPR Report: Mauritania, UN
Doc. A/HRC/WG.6/23/L.3 (Nov. 5, 2015); HRC, UPR Report: Georgia, UN Doc. A/HRC/WG.6/23/L.12, para. 7.33 (Nov.
12, 2015) (“Ensure the issuance of birth certificates and citizenship documents to the Roma minority (Nigeria)”); OAS GA
Res. 1693 (XXIX-O/99), supra note 87; OAS GA Res. 1762 (XXX-O/00), supra note 87; OAS GA Res. 1832 (XXXI-O/01),
supra note 87; OAS GA Res. 1892 (XXXII-O/02), supra note 87; OAS GA Res. 1971 (XXXIII-O/03), supra note 87; OAS
GA Res. 2047 (XXXIV-O/04), supra note 87; OAS GA Res. 2511 (XXXIX-O/09), supra note 87; OAS GA Res. 2599 (XLO/10), supra note 87; OAS GA Res. 2665 (XLI-O/11), supra note 87; OAS GA Res. 2787 (XLIII-O/13), supra note 87;
OAS GA Res. 2826 (XLIV-O/14), supra note 87; OAS GA Res. 2787 (XLIII-O/13), supra note 87; OAS GA Res. 2826
(XLIV-O/14), supra note 87.
92
See ECOSOC Res. 319 B III (XI) (1950); IPU, Statement on Parliamentary Action in Support of the UNHCR, supra note
89; EU Pledge registration form, supra note 65 at § A, para. 4; UNHCR, Pledges 2001, supra note 80 (Afr. Union Comm’n,
Pledge Form); ACHPR, Decision on the Report of the Activities, supra note 83 at para. 5.
93
See COE Comm. Ministers, Recomm. CM/Rec(2009)13, supra note 81; COE Comm. Ministers, Recomm. No.
R (1999)18, supra note 81; Ministerial Conf. ECOWAS, Mtg. of Experts, supra note 84 at para. 7
we recommend that ECOWAS, in collaboration with UNHCR and the competent institutions of the African Union,
adopt common standards that will guide the reform of nationality legislation of West African States. It is essential
that these standards include the following … Every child has the right to a nationality, his/her nationality must be
confirmed no later than when the age of majority is reached, including through provisions guaranteeing that any
person born in the country and who stays there during his/her childhood is entitled to obtain the nationality of that
country either automatically or by his/her own choice.
94
See Dep’t St., Cable No. 04RANGOON1577_a, para. 1 (Dec. 14, 2004)
The UN’s refugee agency has essentially exhausted its mandate to oversee repatriation operations along the
Bangladesh border in northern Rakhine State and settled into an uneasy but crucial role providing a wide umbrella
of protection, and coordinating basic relief services, for the region's 800,000 stateless and repressed Rohingya
Muslims.
95
See Convention on the Reduction of Statelessness, Aug. 30, 1961, 989 UNTS 175 (1961 Statelessness
Convention), art. 11.
13
Electronic copy available at: https://ssrn.com/abstract=3091912
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