1. MAKING EFFECTIVE USE OF UN HUMAN RIGHTS MECHANISMS
TO SOLVE STATELESSNESS
Procedures, treaty bodies, and the UPR have already approached
questions of statelessness and nationality in a variety of ways which
open possibilities for future engagement.
The survey of practice in this chapter illustrates that there is
considerable scope for more coordinated work. In all the mechanisms
reviewed, there have been inconsistencies in the level of attention
paid to statelessness and missed opportunities. For instance, as of
2016 there are only 27 States in the world which maintain nationality
laws that do not permit mothers to confer nationality on their
children on an equal basis with fathers, and yet neither the UPR nor
the treaty bodies have addressed relevant recommendations to all of
those reviewed. The responsibility for improving the consistency of
recommendations falls primarily on those making recommendations:
States in the UPR, the Special Procedures mandate holders, and the
members of the treaty bodies. However other actors, including UNHCR
and civil society, also have a role to play in ensuring that these bodies
receive clear, consistent and high quality information.101
While there is ample room for more engagement by existing Special
Procedures, the creation of a Special Procedure on the right to
nationality deserves consideration, as it would enhance the UN
system’s dedicated attention to statelessness issues.102 There is
always reluctance to add new mandates, as these require additional
resources and take up time on the Human Rights Council’s already
crowded agenda. The time may nonetheless be ripe to think about a
new mandate holder as a longer-term advocacy goal.
Short of a dedicated mandate holder, there are many things the
“Friends of the Campaign to End Statelessness”, can help to achieve in
concert with UNHCR, the Office of the High Commissioner for Human
Rights (OHCHR) and interested NGOs. Notable goals might include:
• Ensuring biennial continuity of a dedicated resolution on the right
to nationality;
101
102
Submissions by these other stakeholders are a key source of information for all
of the human rights mechanisms discussed in this chapter.
A mandate holder would carry out individual country visits, provide detailed
reports and recommendations, and provide opportunities for follow up by
the Human Rights Council. A mandate holder could also receive individual
communications.
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