3. ENSURING THAT TODAY’S REFUGEES ARE NOT TOMORROW’S STATELESS:
SOLUTIONS IN A REFUGEE CONTEXT
shift with regards to refugee policy and needs to be leveraged. It is vital
that the values that lie behind it are pushed at a political level with
individual States. While inevitably there is going to be considerable
reluctance on the part of some States to support this policy, it opens up
the opportunity to advocate for local integration as both a temporary
and permanent solution to exile. The belief that all those displaced will
eventually be able to return to where they first came from is not only
dangerous but short-sighted. It leads to wasted human potential, to
over-stretched aid budgets as refugees have to be maintained in highly
inefficient camps or in dispersed communities, and, most importantly,
to a stunted approach to durable solutions. By contrast, by raising
awareness that today’s refugees could become tomorrow’s stateless
persons, the debate can be re-focused in order to ensure that a far
more inclusive and robust approach to durable solutions is taken.
In addition, more can be done to promote changes in law and policy
that allow access by refugees to naturalisation in accordance with
the 1951 Refugee Convention as a measure to prevent statelessness.
Legal mechanisms that exist in some areas in Africa could be further
exploited in this regard. For example some national legislation offers
nationality to children born on the territory if their parents were also
born on the territory such that at least second generation refugees or
migrants would automatically get citizenship. Other countries provide
for easier access to citizenship for individuals who are born on the
territory and are resident for a period of time. It is encouraging to note
that the latter has been recommended by the African Commission
on Human and Peoples’ Rights as a regional standard (with children
born on the territory having the option to become citizens at 18 if not
earlier).
The Campaign has also highlighted the fact that more needs to be done
to facilitate access to documentation. There is an increasing emphasis
on ensuring that all refugees have access to birth registration and other
documents, and a growing recognition that UNHCR and other actors
need to increasingly support facilitation of necessary procedures,
such as registrations of birth at consulates or embassies, where
appropriate. In addition, to facilitate access to alternative immigration
statuses without needing to approach the governments from which
they fled, it is encouraging that UNHCR has started to negotiate flexible
evidentiary standards for alternative statuses. Finally, and as the case
studies clearly show, there is a need for detailed follow up in all of
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