Manila, Philippines | 18-19 November 2011
often found among people who live in chronic poverty, because
they lack economic opportunities. Often they lack any identity
documentation which exposes them to exploitation or people
smugglers. Statelessness not only imperils the human rights of
affected populations, but also carries multiple consequences for
States at the national, regional and global level.
Statelessness and International
Human Rights Law
The Workshop provided an opportunity to review the international
legal framework for protecting the right to a nationality and
preventing and reducing statelessness. A stateless person is defined
in international law as “a person who is not considered the national
of any state under the operation of its law”. International human
rights law aims to prevent statelessness. This ambition is reflected
in the Universal Declaration of Human Rights (UDHR), which
recognizes that “everyone has the right to a nationality” and that
“no one shall be arbitrarily deprived of his nationality nor denied
his rights to nationality”. Every ASEAN Member State has accepted
international legal obligations to help to realise the right to a
nationality by ratifying the Convention
on the Rights of the Child (CRC) and the
Convention on the Elimination of
Universal Declaration of
Discrimination Against Women
Human Rights, Article 15 states
(CEDAW). In addition, several ASEAN
that
Member States are parties to the
(1) Everyone has the right to a
International Covenant on Civil and
nationality.
Political Rights (ICCPR) and the
(2) No one shall be arbitrarily
Convention on the Elimination of Racial
deprived of his nationality nor
Discrimination (CERD), which contain
denied the right to change his
other relevant provisions. These
nationality.
instruments provide an important legal
framework that can help address
statelessness in the region. For
example, CRC and ICCPR both provide that all children within the
territory of State parties and subject to its jurisdiction must be
registered at birth, and that all children have the right to acquire a
nationality.
Furthermore each of these treaties require that the right to a
nationality should be enjoyed without discrimination. CEDAW
includes specific guarantees to ensure that women enjoy equal
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