Original: Spanish
CHAPTER SIX
Statelessness
The subregional consultations identified challenges and actions required to eradicate statelessness
in the region. At the end of the next ten years, we hope to be in the position to affirm that the
countries of Latin America and the Caribbean succeeded in eradicating statelessness, provided that
legislation and practice do not create new cases of statelessness (prevention); protect stateless
persons arriving in their territories while providing access to definitive solutions such as
naturalization (protection); and resolve existing cases of statelessness, promoting the restoration or
recovery of nationality through inclusive legislation and policies on nationality (resolution).
In order to achieve this goal, the “Eradicating Statelessness” programme, which follows the
guidelines set out in the Brasilia Declaration on the Protection of Refugees and Stateless Persons in
the Americas of 2010, the strategies developed by UNHCR pursuant to the mandate conferred by
States on this matter, and the resolutions on statelessness adopted by the Organization of American
States (OAS), aims to assist countries that will implement it, with the support of UNHCR and civil
society, through the following actions:
(a) Accede, as appropriate, to the 1954 Convention relating to the Status of Stateless Persons (“1954
Convention”) and the 1961 Convention on the Reduction of Statelessness (“1961 Convention”).
(b) Promote the harmonization of internal legislation and practice on nationality with international
standards.
(c) Facilitate universal birth registration and the issuance of documentation, implementing the
activities proposed in Conclusion No. 111 of UNHCR’s Executive Committee, promoted by Latin
America and the Caribbean. These activities may include, among others: i) the adoption of
simplified administrative procedures; ii) the periodic organization of awareness campaigns and
community outreach activities; iii) the application of appropriate measures to ensure that rural or
remote areas are reached, for example through mobile registration units.
(d) Establish effective statelessness status determination procedures. The subregional consultations
recommended including this competence within the functions of the CONAREs or equivalent
institutions.
(e) Adopt legal protection frameworks that guarantee the rights of stateless persons, in order to
regulate issues such as their migratory status, identity and travel documents and, more generally,
ensure full enjoyment of the rights protected by the 1954 Convention and other human rights
treaties.
(f) Facilitate naturalization in accordance with article 32 of the 1954 Convention.
(g) Confirm nationality, for example, by facilitating late birth registration, providing exemptions from
fees and fines and issuing appropriate documentation for this purpose. Given that cases of
people who may require having their nationality confirmed frequently arise in situations of
irregular migration or when people live in border areas, achieving this goal may require the
strengthening of bilateral or multilateral dialogue and cooperation, as appropriate, between civil
registration authorities, as well as binational civil registration and documentation projects.
(h) Facilitate the restoration or recovery of nationality through legislation or inclusive policies,
especially the automatic restoration of nationality as a solution for cases in which the person had
been arbitrarily deprived of nationality.
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