1. MAKING EFFECTIVE USE OF UN HUMAN RIGHTS MECHANISMS
TO SOLVE STATELESSNESS
helpful in reinforcing such standards and clarifying their applicability
to particular situations. For instance, the Special Rapporteurs on
Minority Issues and on Foreign Debt have both taken the position that
States should facilitate the naturalisation of long-term residents and in
doing so have clarified what they consider reasonable requirements for
naturalisation, in particular with regard to language skills.31 However,
there is clearly room for the Special Procedures to do more in terms of
exploring issues and promoting good practices.
There is also potential for greater use to be made of individual
communications to the Special Procedures. Any Special Procedure
can receive information relating to the violation of the rights of an
individual or group in any State32 and request that the State responsible
take action to rectify these violations.33 To date these communications
procedures have not been used extensively to address the right to a
nationality; a number of communications have dealt with deprivations
of nationality as a result of the exercise of other rights, but these
have not focused on the deprivation of nationality itself.34 The only
31
32
33
34
HRC, Report of the Independent Expert on minority issues, Rita Izsák, 31
December 2012, A/HRC/22/49, para. 66; HRC, Report of the Independent
Expert on the effects of foreign debt and other related international financial
obligations of States on the full enjoyment of all human rights, particularly
economic, social and cultural rights, Cephas Lumina, Addendum: Mission to
Latvia (14 to 18 May 2012), 27 May 2013, A/HRC/23/37/Add.1, paras. 75 and
90(i).
In this the Special Procedures differ from the treaty bodies as the latter can
only deal with States which are Parties to the relevant treaty.
When they receive such communications, the Special Procedures request
information on the situation from the State(s) involved. If, on the basis of the
available information, they consider that the rights in question have been
violated, they will request that the State provide the individual or group with
a remedy. Further information on these procedures is available from the Office
of the High Commissioner for Human Rights (OHCHR) website, http://www.
ohchr.org/EN/HRBodies/SP/Pages/Communications.aspx. It should be noted
that while the legal opinions of the Special Procedures carry some weight
as the opinion of experts mandated to address these issues by the UN, they
are not legally binding and there is no mechanism to enforce such opinions.
The degree of rigour with which individual cases are considered and findings
argued also varies between mandates.
See, e.g., HRC, Communications report of Special Procedures, 24 February 2014,
A/HRC/25/74, Communication BHR 5/2013, Joint Urgent Appeal to Bahrain
by Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression, Special Rapporteur on the rights to freedom of
peaceful assembly and of association, Special Rapporteur on the situation of
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