161 - 165 (c) Consideration of local ties 163. Where an individual has developed close ties with a host State as a result of long-term residence and family links, conferral of the status normally granted upon recognition as a stateless person, that is a renewable residence permit with a complement of rights, would be appropriate, even where protection may be available in another State.106 In some cases, this approach may be required to satisfy human rights obligations such as refraining from unlawful or arbitrary interference with privacy, family or home.107 164. As noted in paragraph 142 above, certain stateless persons can be considered to be in their “own country” in the sense envisaged by Article 12(4) of the ICCPR. Such persons include individuals who are long-term, habitual residents of a State which is often their country of birth. Being in their “own country” they have a right to enter and remain there with significant implications for their status under national law. Their profound connection with the State in question, often accompanied by an absence of links with other countries, imposes a political and moral imperative on the State to facilitate their full integration into society. The fact that these people are stateless in their “own country” is often a reflection of discriminatory treatment in the framing and application of nationality laws. Some will have been denied nationality despite being born and resident solely in that State; others may have been stripped of their nationality because of membership of a section of the community that has fallen out of political or social favour.108 165. The appropriate status for such individuals in their “own country” is nationality of the State in question. As set out in Part Two above, in these cases the correct mechanism for determining an individual’s or a population group’s status is one that is concerned with the restoration or conferral of nationality.109 Recourse to a statelessness determination procedure will not generally be appropriate. If, however, individuals are expected to seek 106 This is particularly so where the link with the other State is relatively tenuous. This is to be distinguished, however, from ties that are so profound that the individual is considered to be in his or her “own country”. 107 Please see paragraphs 140-143 above. 108 Of relevance in this regard are the prohibition on arbitrary deprivation of nationality found, inter alia, in Article 15(2) of the Universal Declaration of Human Rights and the prohibition against discrimination found in international human rights law, in particular the jus cogens prohibition on racial discrimination. The nature of a jus cogens norm is discussed in note 13 above. 109 Please see paragraphs 58-61. PART THREE C. INDIVIDUALS IN THEIR “OWN COUNTRY” 57

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