2. The Sustainable Development Goals and solutions to statelessness
A number of commentators have pointed to the fact that neither Target
16.9 nor Global Indicator 16.9.1 encourage the reform of discriminatory
laws and practices which may lie at the root of statelessness and lack of
legal identity.78 For this reason, it is critical that Target 16.9 is applied
in concert with Targets 10.3 and 16.b (and appropriately framed
Global Indicators – see discussion above), to ensure equality of access
to nationally relevant forms of legal identity.
5. Conclusion
The adoption of the 2030 Agenda and the SDGs creates new
opportunities for tackling the issue of statelessness through a
development approach. SDGs 5, 10 and 16 and associated Targets 5.1,
10.3, 16.9 and 16.b are the most relevant to preventing and resolving
statelessness and correlate with specific Actions of the GAP under the
#IBelong Campaign. The effectiveness of these SDGs as a vehicle for
solving statelessness will depend on whether they are deployed by
countries in a manner that will contribute to:
• nationality laws which treat women and men equally with regard
to conferral of nationality on their children and with regard to the
acquisition, change and retention of nationality (SDG 5, Target 5.1,
SDG 10, Target 10.c and SDG 16, Target 16.b);
• laws, policies and practices that avoid loss, denial or deprivation
of nationality on discriminatory grounds and that provide for
restoration of nationality to those arbitrarily deprived of it (SDG
10, Target 10.3 and SDG 16, Target 16.b); and
• birth registration to prevent statelessness and the provision of
nationality documentation to all those who have an entitlement to
it (SDG 10, Target 10.c and SDG 16, Targets 16.9 and 16.b).
To maximise the effectiveness of the SDGs and Targets in achieving
these statelessness-related results, modifications to the existing Global
Indicators associated with the relevant SDGs and Targets are likely to
78
See, for example, B. Manby and E.A. Whitely, Questions of legal identity in
the post-2015 development agenda, London School of Economics Human
Rights Blog, 28 May 2015, http://blogs.lse.ac.uk/humanrights/2015/05/28/
questions-of-legal-identity-in-the-post-2015-development-agenda; L. van
Waas, The right to a legal identity or the right to a legal ID?, European Network
on Statelessness Blog, 1 May 2008, http://www.statelessness.eu/blog/rightlegal-identity-or-right-legal-id; and Brewer et al., supra n49.
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