1. MAKING EFFECTIVE USE OF UN HUMAN RIGHTS MECHANISMS
TO SOLVE STATELESSNESS
as do those countries that condition nationality on belonging to a
certain ethnicity (e.g. Myanmar) or race (e.g. Sierra Leone, Liberia).
These issues naturally remain sensitive with certain groups in the
States that maintain such forms of discrimination.
This chapter presents information on how the UN’s human rights
mechanisms, principally the Human Rights Council (including the
UPR) and the human rights treaty bodies have addressed the right to
nationality and certain related issues in recent years, with most of the
data focused on the period between 2012 and 2015.9 From this data,
we will attempt to draw some conclusions and observations about
opportunities that exist for making enhanced use of these bodies. We
will not attempt to wade into discussions about whether and to what
extent distinctions do and should remain between the rights enjoyed
by citizens and non-citizens in an age of widespread acceptance of
many human rights as universal. Rather, this chapter assumes that
access to nationality and proof of nationality are both important to
persons’ quality of life.
2. Where and how have statelessness and related issues been
raised in UN human rights mechanisms?
2.1 Human Rights Council
The Human Rights Council is the main UN intergovernmental body for
addressing human rights issues. Through its discussions, resolutions
and reports, States develop their understanding of human rights,
establish new standards and mechanisms, draw attention to the
implementation of human rights and address particular situations of
concern. As an inter-State body, the Council’s work reflects the interests
and priorities of States. Collectively the members of the Human
Rights Council can create international human rights law through the
drafting of new treaties. More often their work reflects established
understandings of human rights and reaffirms existing standards and
norms. It can also highlight areas of disagreement between States
on the substance of these standards. The content of resolutions,
particularly those adopted without a vote, represents the consensus
9
For the UPR and the Human Rights Council, the period covered has been
extended to August 2016 as there have been interesting recent developments.
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