#IBelong campaign,5 the submitting organisations hope the Committee will raise these
matters and address recommendations to Belgium to further prevent and reduce
statelessness. Further information on the legal framework and the situation of stateless
people in Belgium is provided in Annex I.
International Obligations
4. Belgium has acceded to the Convention against Torture and to most relevant human
rights treaties. It therefore has a clear obligation to protect the rights, liberty and
security of stateless people on its territory, including through the prohibition of torture
or cruel, inhuman or degrading treatment or punishment, the prevention of arbitrary
detention of stateless persons, and arbitrary deprivation of nationality on national
security grounds.
5. Through several recommendations made to other States, the Committee has
demonstrated the importance of considering the impact of statelessness and nationality
in assessing States’ international obligations under the Convention against Torture,
particularly in the context of forced displacement and non-refoulement. It has
recommended Romania consider establishing a statelessness determination
procedure, 6 and North Macedonia and New Zealand adopt measures to ensure that
stateless persons whose asylum claims have been refused are not held in detention
indefinitely.7 It noted that obstacles to birth registration in Montenegro, in particular for
Roma, Ashkali and Egyptians, put them at risk of statelessness and recommended the
establishment of a simplified and accessible procedure for birth registration. 8 The
Committee also recommended that Bolivia should establish a framework to determine
whether a person is stateless in order to ensure that the State is fulfilling the
international commitments assumed under the Convention relating to the Status of
Stateless Persons (1954 Convention), and grant its nationality to persons who were not
born on Bolivian territory but who would otherwise be stateless. It noted that Bolivia
should particularly ensure that people are not wrongfully returned at the border and
that persons in need of international protection are identified, especially in the context
of mixed migration flows.9
6. Furthermore, the right to liberty and security of the person is enshrined in Articles 3 and
9 of the Universal Declaration of Human Rights (UDHR), Article 9(1) of the International
Covenant on Civil and Political Rights (ICCPR), Article 37 of the Convention on the Rights
of the Child (CRC), Article 16(1) of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (CRMW), Article 14 of the
Convention of the Rights of Persons with Disabilities (CRPD), Article 5 of the European
Convention on Human Rights (ECHR), and Article 6 of the Charter of Fundamental Rights
of the European Union, among others. The Human Rights Committee’s General
Comment No. 35 (para. 18) stipulates that “the inability of a State party to carry out the
expulsion of an individual because of statelessness or other obstacles does not justify
UNHCR, #IBelong Campaign to End Statelessness (launched in November 2014), see:
https://www.unhcr.org/ibelong/.
6 CAT, Concluding observations on the second periodic report of Romania, 5 June 2015, CAT/C/ROU/CO/2.
7 CAT, Concluding observations on the third periodic report of the former Yugoslav Republic of Macedonia, 5 June
2015, CAT/C/MKD/CO/3; and CAT, Concluding observations on the sixth periodic report of New Zealand, 2 June
2015, CAT/C/NZL/CO/6.
8 CAT, Concluding observations on the second periodic report of Montenegro, 17 June 2014, CAT/C/MNE/CO/2.
9 CAT, Concluding observations on the second periodic report of the Plurinational State of Bolivia as approved by
the Committee at its fiftieth session, 14 June 2013, CAT/C/BOL/CO/2.
5
2