support to a range of stakeholders, including governments. This submission partially
draws on information and analysis from ENS’s Statelessness Index, which covers
Germany.4
5. The Institute on Statelessness and Inclusion (ISI)5 is the first and only human rights NGO
dedicated to working on statelessness at the global level. ISI’s mission is to promote
inclusive societies by realising and protecting everyone’s right to a nationality. The
Institute has made over 100 country specific UPR submissions on the human rights of
stateless persons. ISI has also compiled summaries of the key challenges related to
statelessness in all countries under review under the 23rd to the 42nd UPR Sessions.
Previous UPR and UN Treaty bodies’ recommendations to
Germany
6. Germany underwent three Universal Periodic Reviews between 2018 and 2009. During
the Third Cycle (2018), Germany received two recommendations to guarantee the right
of every child born in Germany to be registered, irrespective of their migration status or
that of their parents, which it accepted.6 It also received a recommendation to establish
a specific procedure to determine statelessness that would guarantee the protection of
rights provided in the 1954 Convention relating to the Status of Stateless Persons (1954
Convention), which it noted.7
7. In 2008, Germany had also received a recommendation from the Committee on the
Elimination of Racial Discrimination to facilitate the acquisition of German nationality by
long-term residents and persons born in Germany to promote their integration who may
wish to acquire German nationality without relinquishing their own.8
Germany’s International obligations
8. Germany ratified the 1954 Convention on the Status of Stateless Persons (1954
Convention), but it retains two significant reservations, namely the right not to apply
Article 27 (travel documents) and to restrict the application of Article 23 (access to social
welfare) to stateless people who are refugees. Germany also acceded to the 1961
Convention on the Reduction of Statelessness (1961 Convention). It has yet to examine
the necessity of maintaining these reservations following its commitment at the UNHCR
High Level Segment on Statelessness in 2019.9
4
ENS, Statelessness Index: Germany, https://index.statelessness.eu/country/germany.
For more information, see https://www.institutesi.org/.
6 Human Rights Council (HRC), Report of the Working Group on the Universal Periodic Review, Germany, 11 July 2018, Doc.
A/HRC/39/9, Paras 155.258 (recommendation from Ecuador) and 155.259 (recommendation from the Philippines), available at:
https://undocs.org/A/HRC/39/9.
7 HRC, Report of the Working Group on the Universal Periodic Review, Germany, 11 July 2018, Doc. A/HRC/39/9, Para 155.257
(recommendation from Burkina Faso), available at: https://daccessods.un.org/access.nsf/Get?OpenAgent&DS=A/HRC/39/9&Lang=E.
8 Committee on the Elimination of Racial Discrimination, 22 September 2008, Consideration of Reports Submitted by State
Parties under Article 9 of the Convention, (CERD)CERD/C/DEU/CO/18, para 20, available at: https://documents-ddsny.un.org/doc/UNDOC/GEN/G08/441/50/PDF/G0844150.pdf?OpenElement.
9
See UNHCR, Results of the High Level Segment on Statelessness in October 2019: https://www.unhcr.org/ibelong/results-ofthe-high-level-segment-on-statelessness/.
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