State succession
31. Another major cause of statelessness is State succession including:
• Transfer of part of the territory of one State to another State;
• Separation of part of the territory of a State and formation of one or more new States;
• Dissolution of a State and formation of two or more States.
32. It is UNHCR’s role to promote cooperation between the authorities of the (future) States concerned and advocate for the
adoption of agreements and legislation that will avoid statelessness, for instance, by granting nationality based on residence
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on the territory affected. Article 10 of the 1961 Convention contains specific obligations in this respect. The International
Law Commission has prepared comprehensive “Draft Articles on Nationality of Natural Persons in Relation to the Succession
of States” which set out principles that serve to avoid statelessness in cases of State succession. The Draft Articles reflect
general principles of law, existing treaty law and State practice but numerous provisions constitute progressive development
of international law. The General Assembly is to consider whether it will elaborate a convention or declaration based on the
Draft Articles. Offices in Europe may also rely on the 2006 Convention on the Avoidance of Statelessness in relation to State
Succession as well as provisions of the European Convention on Nationality. Given the complexities of addressing
statelessness in the context of State succession, any UNHCR Field Office aware of a possible case of State succession
needs to alert Headquarters.
Birth registration and documentation
33. Persons are often at risk of statelessness because they have difficulties proving they possess links to a State. Lack of
birth registration and personal documentation create such a risk. Birth registration is a basic human right and can be
fundamental for proving acquisition of a nationality because:
• Birth registration documents where a person was born (relevant where nationality is acquired by jus soli, i.e. birth on
the territory); and
• Birth registration documents who a person’s parents are (essential for acquisition of nationality by jus sanguinis, i.e.
based on descent).
34. Birth registration is also relevant for protection of a range of other rights, including education, avoidance of recruitment
into armed forces or armed groups by children, prevention of trafficking and other forms of exploitation. UNHCR therefore has
a two-fold interest in birth registration: to prevent statelessness and as a protection tool for persons of concern. Under Global
Strategic Priority 2.5, UNHCR must therefore work with UNICEF, UNFPA and other partners to ensure that all persons of
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concern are registered at birth (or through subsequent or late registration).
35. Problems related to proof of nationality due to lack of birth registration may affect not only persons of concern to UNHCR
but the broader population as well. The following categories of persons, which are not mutually exclusive, may be at particular
risk of statelessness due to absence of birth registration:
• Persons living in border areas where lack of birth registration may lead to confusion as to whether they are nationals of
one State or another;
• Minorities and persons who have perceived or actual ties with foreign States;
• Nomadic or semi-nomadic populations whose territories cross international borders;
• Migrant populations where difficulties to prove nationality of the country of origin may occur when one or more
generations of children are born abroad (a risk that increases with each successive generation).
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28
Executive Committee Conclusion No. 106 (LVII) – 2006, para. (k).
Executive Committee Conclusion No. 106 (LVII) – 2006, para. (h).
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