Statelessness Working Paper Series 2017/04 procedure is lengthy.100 In light of these deficiencies, requiring a statelessness judgment is only further impeding access to Belgian nationality. Some municipalities also register the child with an undetermined nationality. It should be noted that in 2016, 5.822 persons were registered as being of undetermined nationality (excluding asylum seekers, as national statistics do not include persons registered on the waiting register).101 As there is no obligation for the municipality to ever determine the nationality of the child, this can become problematic in assessing the child's right to Belgian nationality, which depends upon recognition of his or her statelessness. Another misapplication of Article 10 BNC is observed when municipalities consider revoking the child's Belgian nationality under conditions other than obtaining another nationality. In some circumstances, municipalities also register the child with the nationality of the parent(s), without ensuring that the child has acquired such nationality and that the concerned country recognises the child as a national. For children of asylum seekers, some municipalities automatically do not apply Article 10 BNC but transfer the responsibility of assessing the stateless status to the Immigration Office. The follow-up and responsibility of the Immigration Office to undertake such efforts could, however, not be verified.102 This illustrates how the division of competences between departments can hinder the application of the safeguard against stateless at birth. For children of illegal migrants, no municipality grants the Belgian nationality up front, which proves a higher vulnerability of illegal migrant children to statelessness. The denial of registration of the child is worrisome and underlines the differentiated treatment in practice towards children born in Belgium to persons in irregular stay, despite Article 10 BNC being silent on a legal residence criteria. Moreover, one municipality mentioned the issuance of an order to leave the territory, which feeds the fears of repercussions and creates an obstacle to birth registration. For children of Palestinian parents not recognised as stateless, no municipalities granted the Belgian nationality up front, without additional conditions or enquiries. The answers to the questionnaire reveal additional difficulties for municipalities linked to the lack of understanding of the Palestinian context. Indeed, a surprising element is the mention by a municipality that Palestine is a recognised state and that the nationality of the child can be registered as such. Belgium does not recognise Palestine and statelessness determination judgments exist that recognised the statelessness of Palestinians. The Nationality Department of the FPS Justice has also already given positive opinions on statelessness.103 Though the Department explained that some Palestinians do hold the nationality of another state in which they were born or resided, those that lived in Syria are not granted Syrian citizenship, as was underlined in the first part of this research. 6.2.2. On Filiation The survey highlighted the recurrent difficulties to establish the filiation with the father, experienced by all municipalities who had cases of Syrians, which could put the children at risk of statelessness. The issues recalled concerned the content of the Syrian legislation applicable to filiation, and the difficulties with obtaining proof of their civil status (no documents proving the marriage or the celibacy, or non-legalized documents written in Arabic, thus their authenticity is doubted). One municipality related that sometimes only the filiation with the mother is mentioned in the birth certificate. However, the same municipality informed that the registers are consulted in order to verify the marriage. When applicable, consultation of registers by municipalities to confirm the parents’ marriage could therefore prevent requiring legalised documents proving it. 100UNHCR, Mapping statelessness (2012), p. 47-64. Eurostat, Population au 1er janvier par classe d'âge, sexe et nationalité, 2017, http://ec.europa.eu/eurostat/web/population-demography-migration-projections/population-data/database. 102 Many attempts were made to contact the Immigration Office directly, its specialized department dealing with administration, and through Immigration Office attachés to the European Migratory Network Belgium Contact Point. 103 Information by Virginie Schira and Valerie Deprez from the Nationality Department of the FPS Justice, August 2 and August 29, 2016. 101 16

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