A/HRC/60/42
they had been left stateless due to the absence of consular registration. The policy had drawn
criticism from multiple United Nations human rights bodies for violating children’s right to
a nationality. Although the Supreme Court of Chile had adopted a narrower interpretation of
“in transit”, its rulings were not binding. It was only in 2014, after sustained advocacy by
civil society and international actors, that the Government of Chile had finally revised its
position to limit the interpretation of “in transit” to tourists and crew members, extending
nationality eligibility to many children of undocumented migrants.
32.
Nonetheless, Ms. Rodríguez cautioned that the policy shift did not automatically
resolve the situation of individuals already designated as children of transit foreigners.
Between 2014 and 2016, the Chile Reconoce initiative had simplified the process for
requesting nationality and had supported individuals affected. However, by the end of 2024,
over 2,000 individuals still held the status of children of transit foreigners. Ms. Rodríguez
welcomed the 2021 immigration law, which had incorporated the Supreme Court’s
interpretation of “in transit”, but flagged ongoing challenges, such as slow recognition
processes and overly broad administrative discretion.
33.
Turning to Colombia, Ms. Rodríguez observed that while both jus soli and jus
sanguinis were recognized, the former was limited to children with at least one legally
domiciled parent the time of birth, thus excluding children of undocumented migrants. Since
2015, an influx of almost 2.8 million migrants from the Bolivarian Republic of Venezuela –
of whom 66 per cent were undocumented – had resulted in an estimated 26,000 stateless
children due to their ineligibility for Colombian nationality and inability to access
Venezuelan citizenship. In response, Colombia had launched the Primero la Niñez initiative
in 2019, supported by UNHCR, the International Organization for Migration and the United
Nations Children’s Fund (UNICEF), through which children born in Colombia to
Venezuelan parents after August 2015 were granted Colombian nationality. As of December
2024, over 106,000 children had benefited. The programme, originally set to end in 2021,
had been extended through 2025. While Ms. Rodríguez praised the initiative, she noted its
limitations, mainly its exclusive focus on Venezuelan children and the lack of procedures for
obtaining nationality documentation from abroad.
34.
Ms. Rodríguez concluded by describing the policy shift in Chile as pioneering in the
region, but stressed the importance of addressing remaining implementation gaps. She called
for continued attention to unresolved cases, regional cooperation and legal reform to end
statelessness among children.
V. Concluding remarks
35.
Peggy Hicks, Director of the Thematic Engagement, Special Procedures and Right to
Development Division at OHCHR, emphasized that millions of people, in particular
minorities and children, remained stateless due to discriminatory laws and policies.
Statelessness also led to other human rights violations, preventing individuals from gaining
access to education, healthcare, legal employment and political participation. While stateless
persons often remained invisible, the workshop had aimed to shine a light on their struggles
and share best practices to address unequal nationality laws.
36.
The Director stressed that ending statelessness was achievable with political will,
international cooperation and a human rights-based approach. She commended countries
such as Chile, Egypt, Kenya and Thailand for presenting promising solutions, showing what
was possible when political action aligned with human rights commitments. However,
combating statelessness required sustained, collective efforts. She acknowledged the growing
global movement advocating for equal nationality rights, and recognized the contributions of
States, international organizations and civil society groups.
37.
The Director outlined the long history of OHCHR’s work on anti-discrimination
legislation, gender equality in nationality laws and universal birth registration, which she
identified as key safeguards against statelessness. She reiterated the commitment of OHCHR
to collaborating with UNHCR and other partners to ensure nationality rights and eliminate
statelessness, including by continuing engagement with the Global Alliance to End
Statelessness. She concluded by thanking the panellists and participants for their
8
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