has changed. The zero draft focussed on the possibility that such cards could facilitate access to services,
engagement in business and participation in community life irrespective of status. In the final draft, explicit
reference to this aspiration has been removed and been replaced with the requirement that such cards
provide no entitlement to citizenship or residency. The original intention of this provision should be referenced,
given the real-world examples of identity documents which in fact formalise exclusion from citizenship for
example.viii
Finally, while the discussion of statelessness in the GCM is found primarily in Objective 4, on legal identity and
documentation, statelessness-related impact in fact needs to be considered across the global governance
agenda. For example, stateless persons are currently often absent from government data (Objective 2), may
be forced to move involuntarily (Objective 2) and yet also lack pathways for regular migration (Objective 5).
Statelessness persons are often overwhelmingly at risk of being trafficked (Objective 10) and being detained
(Objective 13), often indefinitely. And at the same time, without citizenship of any country, they lack access to
consular protection (Objective 14). Meanwhile, more generally, a lack of regular migration pathways
(Objective 5), access to status determination (Objective 12) and consular protection (Objective 14) for
example can also put those migrating at risk of statelessness.
Considerations for Implementation
Statelessness is now recognised as an important consideration in global migration governance. Implementation
of the GCM and monitoring of the implementation must build upon the positive opportunities it represents
while being alert to the need to ensure that existing widely-ratified and long-standing international law
commitments are not undermined.
1. Mainstreaming consideration of statelessness in UN migration governance
Statelessness is now on the global migration governance agenda. It appears in both compacts and in the New
York Declaration. It will be important to ensure that the new UN Migration Network continues to address: the
protection of stateless persons, including those who move; and the prevention and reduction of statelessness.
This includes for example ensuring that statelessness and access to citizenship is considered in the creation of
Working Groups and agenda-setting and that stateless persons and their advocates are sought out and
consulted from the outset.
2. Ensuring that those with direct experience and knowledge of statelessness are involved throughout
implementation and monitoring of the GCM
Statelessness is widely misunderstood and the implications of policy for stateless persons and for risk of
statelessness can be difficult to identify. In addition, stateless persons are often absent from data and lack
political representation. For this reason, it is crucial that those with direct experience of statelessness are
consulted in the development of migration policy.
3. Statelessness is relevant to all migration issue areas
Statelessness must be considered in all aspects of migration governance. This includes, for example, aspects
relating to gender, labour, children and youth, health, access to services, racial and religious discrimination,
indigenous and minority groups, migration control measures.
4. Statelessness is a global, an international, and a multilateral issue
Statelessness affects and is affected by inter-State relations, and functions on multiple levels. The protection of
stateless persons and the avoidance of statelessness will need cooperation between States and among local,
national, regional and global authorities.
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