SOLVING STATELESSNESS
as registering births does not seem to have a negative effect on the
acceptance rate. In fact the majority of the recommendations on identity
documents also refer to birth registration. In contrast, recommendations
on gender discrimination which refer specifically to discrimination in
nationality law are no less likely to be accepted than those that refer
generally to gender discrimination.59 The low acceptance rate of such
recommendations perhaps reflects the extent to which positions on
this matter are entrenched. For those considering strategic engagement
with the UPR this suggests that there is unlikely to be a “gain” in terms
of increased likelihood of acceptance of recommendations on gender
discrimination by omitting specific references to nationality law. In
contrast, it seems that keeping recommendations on birth registration
separate from questions of nationality, statelessness and specific groups
improves the likelihood of their acceptance.
An additional factor to consider in relation to the UPR is the State
which makes the recommendation. Notable “champions” in this
regard include Mexico with respect to birth registration, Slovenia
with respect to recommendations to accede to the Statelessness
Conventions, and the Nordic countries with respect to the
elimination of gender discrimination from nationality laws. Making
a recommendation is a public act and indicates the interest of the
recommending State in that particular issue. Some States choose
to consistently make recommendations on a particular topic. While
this is beneficial in ensuring that topic is addressed regularly, there
is a risk that it will be neglected if the priorities of that State change.
In other cases the recommendations made reflect the particular
situation in the SuR or at least the most discussed concerns in
relation to that State, with a proportionally higher likelihood
that recommendations will be rejected. Which State makes a
recommendation can also affect the acceptance or rejection of that
recommendation. For instance, the fact that recommendations on
gender discrimination in nationality law have predominately been
made by Western and Latin American States to Arab States may be
a factor in the high level of rejection of these recommendations. It
59
Included with these recommendations are those relating to the withdrawal
of reservations to Article 9 of CEDAW. Where such recommendations refer
specifically to Article 9 they are counted as being recommendations on the
right to a nationality, where they refer generically to withdrawing reservations
but do not cite specific provisions they are counted as broadly relevant
recommendations.
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