legal advice to assist individual stateless persons in accessing relevant procedures for acquisition of citizenship,
documentation procedures or, in the absence of solutions, a determination procedure that is linked to a secure status
(statelessness status determination procedures are discussed in greater detail below in section IV.d)(16). A survey is
particularly suited to situations in which the target population is relatively concentrated and located in a geographically limited
area.
b. Prevention – addressing causes of statelessness
25. In contrast to UNHCR’s international refugee protection mandate, a principal focus of the statelessness mandate is to
prevent statelessness from occurring in the first place. This avoids considerable hardship for individuals, generally at small
cost. Prevention of statelessness means addressing possible causes of future statelessness. It is reflected in UNHCR’s
Global Strategic Priority 1.3. It entails analyzing and addressing such issues as gaps in nationality legislation, State
succession, arbitrary deprivation of nationality (e.g. on discriminatory grounds), administrative obstacles, birth registration,
issuance of identity documentation and determination of nationality status. It needs to be kept in mind that although the
apparent causes of statelessness are often legal and technical, discrimination on racial, ethnic, religious, linguistic and other
grounds is frequently a key factor. The document Statelessness: An Analytical Framework can be used to identify the full
range of causes of statelessness. Accession to the 1961 Convention on the Reduction of Statelessness can address many of
these issues.
Gaps in nationality legislation
26. Where causes of statelessness relate to constitutional provisions or
nationality legislation, UNHCR Field Offices may consider proactively
providing advice on international standards and how they may be
(17)
implemented at the national level. For this purpose, Field Offices may
invoke the 1961 Convention and its obligations with State parties. In States
which are not parties, the 1961 Convention can be used as a yardstick to
identify gaps in nationality legislation and to advise governments on
measures to prevent and reduce statelessness. The Analytical Framework
(18)
can be used to identify specific gaps. In the specific case that a national
constitution is being adopted or amended, Field Offices and other UN
agencies may draw on the 2009 Guidance Note of the Secretary-General:
(19)
United Nations Assistance to Constitution-making Processes.
PREVENTION
Addressing causes (legal and practical) of
future statelessness so that it does not occur
) Targeted advocacy and technical advice to
close gaps in nationality legislation, in
particular through use of the 1961
Convention, regional treaties, human rights
law and international customary law
; Tool: Statelessness: An Analytical
Framework
) Advocacy and advice on administrative
obstacles
) Potential State succession: seek advice
27. There are a number of safeguards to prevent statelessness but the most
from Headquarters
important is that children born on the territory of a State should acquire the
) Birth registration and documentation
nationality of that State where they would otherwise be stateless. This
safeguard is the cornerstone of efforts to reduce statelessness over time. It is
) Promote accession to 1961 Convention on
the Reduction of Statelessness
not only relevant where the parents are stateless but in any situation in which
; Tool: 1961 Convention Brochure
the child would otherwise be stateless, including where one or both parents
possess nationality but face restrictions on conferring it on their children. This
safeguard is not only required by the 1961 Convention but also, albeit with slightly different formulations, by the African
(20)
(21)
Charter on the Rights and Welfare of the Child, the American Convention of Human Rights and the European
16
Statelessness status determination procedures are discussed in greater detail below in section IV.d.
Executive Committee Conclusion No. 106 (LVII) – 2006, paras. (i) and ( j).
18
See also above at para. 18.
19
UN Secretary General (UNSG), Guidance Note of the Secretary-General: United Nations Assistance to Constitution-making Processes,
April 2009, available at: http://www.unhcr.org/refworld/docid/4b8648b52.html.
20
As of 1 January 2010, 45 States are party to the African Charter on the Rights and Welfare of the Child. Its article 6, paragraphs 3 and
4 read as follows:
“3. Every child has the right to acquire a nationality.
17
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