‘Legal identity’, statelessness, and
private international law
Guest post by Bronwen Manby, Senior Policy Fellow and Guest Teacher, LSE
Human Rights, London School of Economics.
In 2014, UNHCR launched a ten-year campaign to end statelessness by 2024. A
ten-point global action plan called, among other things, for universal birth
registration. One year later, in September 2015, the UN General Assembly
adopted the Sustainable Development Goals (SDGs), an ambitious set of
objectives for international development to replace and expand upon the 15-yearold Millennium Development Goals. Target 16.9 under Goal 16 requires that
states shall, by 2030, ‘provide legal identity for all, including birth registration’.
The SDG target reflects a recently consolidated consensus among development
professionals on the importance of robust government identification systems.
Birth registration, the protection of identity, and the right to a nationality are
already firmly established as rights in international human rights law – with most
universal effect by the 1989 Convention on the Rights of the Child, to which every
state in the world apart from the USA is a party. Universal birth registration, ‘the
continuous, permanent, compulsory and universal recording within the civil
registry of the occurrence and characteristics of birth, in accordance with the
national legal requirements’, is already a long-standing objective of UNICEF and
other agencies concerned with child welfare. There is extensive international
guidance on the implementation of birth registration, within a broader framework
of civil registration.
In a recent article published in the Statelessness and Citizenship Review I explore
the potential impact of SDG ‘legal identity’ target on the resolution of
statelessness. Like the UNHCR global action plan to end statelessness, the paper
emphasises the important contribution that universal birth registration would
make to ensuring respect for the right to a nationality. Although birth registration
does not (usually) record nationality or legal status in a country, it is the most
authoritative record of the information on the basis of which nationality, and
many other rights based on family connections, may be claimed.