RECOMMENDATIONS
A. Preventing new cases of statelessness through law reforms
4.
Reaffirming the relevancy of the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness,
we urge ECOWAS Member States which have not acceded to the two
international instruments to do so by the end of December 2015.
5.
We call upon the National Human Rights Institutions to set up a committee to
monitor the accession to the Conventions by those States which have
committed themselves in this regard and the implementation of the
Conventions by States that have already acceded.
6.
We call upon States to revise their laws in light of the relevant international
and regional human rights instruments related to nationality and statelessness,
and to guarantee the right to a nationality and the principle of nondiscrimination. Once national legislations are revised to conform to
international law, it is essential that their application be done on a retroactive
basis in order to resolve existing situations of statelessness.
7.
Recognizing the necessity of harmonizing the nationality laws in the subregion and ECOWAS’s pivotal role in eradication and prevention of
statelessness, we recommend that ECOWAS, in collaboration with UNHCR
and the competent institutions of the African Union, adopt common standards
that will guide the reform of nationality legislation of West African States. It is
essential that these standards include the following:
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Removal of discriminatory provisions in national legislation concerning
the transmission of nationality to a spouse or a child, including based on
sex, birth out of marriage, religion, ethnic affiliation and disability.
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Every child has the right to a nationality, his/her nationality must be
confirmed no later than when the age of majority is reached, including
through provisions guaranteeing that any person born in the country and
who stays there during his/her childhood is entitled to obtain the
nationality of that country either automatically or by his/her own choice.
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Prohibition of the renunciation of nationality if the applicant has no other
nationality.
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Other safeguards against statelessness under the Conventions on
statelessness and international and regional human rights treaties.
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