1. MAKING EFFECTIVE USE OF UN HUMAN RIGHTS MECHANISMS
TO SOLVE STATELESSNESS
of support for the 2016 resolution22 as well as the decision to hold an
inter-sessional workshop on best practices in promoting women’s
equal nationality rights are positive indications for the Council’s
further engagement.
Substantively, the two resolutions on the right to nationality are
somewhat cautious about asserting State obligations; they urge States
to refrain from enacting or maintaining discriminatory nationality
laws and to reform provisions discriminating against women, but
stop short of any stronger language on the subject.23 Both resolutions
encourage States to “facilitate, in accordance with their national law,
the acquisition of nationality by children born on their territories or to
their nationals abroad who would otherwise be stateless”24 while the
2012 resolution also urged them to “grant nationality to foundlings
found in their territory in the absence of proof that the foundling is
not a national of the State where found”.25 These provisions clearly
take inspiration from Articles 1(1) and 2, respectively, of the 1961
Statelessness Convention and reassert these provisions as a matter
of good practice, but do not purport to represent universally binding
legal obligations, presumably because of the large number of States
that are still not Parties to that Convention.
Despite these developments, there remain a number of significant
omissions in the ways that statelessness and related issues are
addressed in the work of the Human Rights Council. For instance,
thematic resolutions dealing with specific groups, such as the Roma,
the indigenous, and migrants have not mentioned statelessness or
access to nationality as issues of concern for these groups.
Between 2012 and 2015, the only country-specific resolution to
address statelessness was that on Myanmar, which regularly included
22
23
24
25
HRC, Resolution 32/7: The right to a nationality: women’s equal nationality
rights in law and in practice, adopted without a vote 30 June 2016, A/HRC/
RES/32/7.
HRC, Resolution 20/4, supra n10, paras. 5-6; HRC, Resolution 32/7, supra n22,
paras. 4-5.
HRC, Resolution 20/4, supra n10, para. 4; HRC, Resolution 32/7, supra n22,
para. 15.
HRC, Resolution 20/4, supra n10, para. 7. The omission of this paragraph from
the 2016 resolution reflects its focus on women only.
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