when civil registries have been destroyed. Noting that all States in the region
are parties to the 1951 Convention relating to the Status of Refugees, we
recommend that, by virtue of the relative effect of treaties, both the status of
refugee and the determination of nationality that this status implies be
recognized in all countries. In this respect, we recommend that determination
of nationality be conducted at the time of arrival of refugees and is treated as a
presumption that can be challenged by the State of origin only on the basis of
hard evidence, which it would have to provide.
59.
It is crucial that States implement articles 34 of the 1951 Convention relating
to the Status of Refugees and article 32 of the 1954 Convention on the Status
of Stateless persons in order to facilitate the naturalization of refugees and
stateless persons. We recommend that States ensure that naturalization
procedures conform to the rule of law, are fair and equitable, and, in
particular, set out reasonable conditions and procedures that are clearly
communicated and accessible to all.
60.
We encourage States to provide or facilitate legal aid and other forms of
assistance to any person who attempts to obtain documents establishing his/her
nationality, especially during periods when new procedures or legislative
reforms are introduced. In this respect, particular attention should be paid to
the specific needs of women, especially where it pertains to access to
procedures.
61.
We encourage States to establish bilateral joint commissions in order to share
information and confirm the identity and nationality of individuals and
populations.
62.
We recommend that ECOWAS create a mechanism, such as a regional
mediator/ombudsman, to serve as an intermediary on issues relating to
nationality between the citizens of ECOWAS and ECOWAS Commission.
Abidjan, Côte d’Ivoire, 25 February 2015
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