1. MAKING EFFECTIVE USE OF UN HUMAN RIGHTS MECHANISMS
TO SOLVE STATELESSNESS
(ICERD).5 While the UN Statelessness Conventions6 themselves have
only a light supervisory regime, these human rights treaties benefit
from dedicated treaty bodies capable of influencing doctrine and State
practice. Implementation of human rights obligations is also reviewed
by UN Member States through the UPR. As of August 2016, human
rights treaties also generally had a higher number of States Parties
than the Statelessness Conventions. For all of these reasons, human
rights law and practice holds opportunities for new developments
relating to the right to nationality.
To date statelessness itself has not featured very prominently in human
rights discourse or international practice, and as “rights holders”
stateless persons have been less visible in the work of the Human Rights
Council and human rights treaty bodies than many other groups (such
as children, women, racial and religious minorities, indigenous persons,
political dissidents, persons with disabilities, migrants and LGBTI
persons).7 “Statelessness” as a thematic topic is, however, beginning
to be discussed more regularly by UN human rights mechanisms, civil
society groups and academic institutions thanks in part to the UN High
Commissioner for Refugees (UNHCR)’s 2014 launch of the Campaign to
End Statelessness by 2024. Notably, in 2016 the Human Rights Council
passed by consensus a resolution on the right to a nationality which
was co-sponsored by a remarkable 111 States. This and certain other
developments discussed in this chapter, including the creation of a UN
Member State “Friends of the Campaign to End Statelessness” group,
may signal the beginning of a shift towards consistent attention to
statelessness. It is difficult to make clear predictions given the fluidity
of the UN human rights environment, however, and the data presented
in this chapter can necessarily only offer a kind of “snapshot” of practice
during a limited period of time.
5
6
7
International Convention on the Elimination of All Forms of Racial
Discrimination, 7 March 1966, entry into force 4 January 1969, 660 UNTS 195,
Art. 5.
Convention relating to the Status of Stateless Persons, 28 September 1954,
entry into force 6 June 1960, 360 UNTS 117 (1954 Statelessness Convention)
and Convention on the Reduction of Statelessness, 30 August 1961, entry into
force 13 December 1975, 989 UNTS 175 (1961 Statelessness Convention).
Of course there is significant overlap between many of these groups and
stateless persons, but as this is also true among these groups, the relative
absence of stateless persons as a group in current human rights practice is
notable.
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