Kenya. Statelessness. Birth Registration. © UNHCR/Charity Nzomo
the right to a nationality and providing mechanisms
to prevent or reduce statelessness. Instruments such
as the African Charter on the Rights and Welfare
of the Child and the 2024 Protocol to the African
Charter on Human and Peoples’ Rights on the Right
to a Nationality and the Eradication of Statelessness
in Africa, the American Convention on Human Rights
and the European Convention on Nationality all
strengthen protection of the right to nationality for
all individuals. The Global Action Plan is based on
the standards contained in these international and
regional treaties.9
The key principle of international law underpinning
the work on ending statelessness is the principle
of non-discrimination and equality, which is part of
international law and firmly embedded in many key
international human rights treaties.10 In this respect
international law prohibits any discrimination
and guarantees all persons equal and effective
protection against discrimination on any grounds
such as race, colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status. Discrimination on the
grounds of ethnicity, race, religion or language is a
recurrent cause of statelessness globally. Gender
discrimination in nationality laws remains a significant
form of discrimination, whereby women in some
countries are still unable to pass their nationality
to their children on an equal basis with men. More
needs to be done to ensure that all minority groups
enjoy the right to a nationality without discrimination
and that gender discrimination is removed from
nationality laws.
The Sustainable
Development Goals
and addressing
statelessness
The vast majority of the world’s stateless persons
live on the lowest rungs of society, in terms of
socioeconomic opportunities, political participation
and social inclusion. Therefore, the overarching aim of
the 2030 Agenda11 “to reach the furthest behind first”
and “leave no one behind”12 clearly applies to those
who experience the many negative consequences of
not being recognized as citizens of any country.
There are also specific SDGs and related targets
that contribute towards preventing and reducing
statelessness. These are referenced below for each
Action and notably include SDG 5, Target 5.1, which
relates to the elimination of gender discrimination, and
SDG 10, Target 10.3, which refers to ensuring equal
opportunity and reducing inequality, including by
eliminating discriminatory laws, policies and practices.
SDG 16, Target 16.9 calls upon States to provide legal
identity for all, including birth registration. Given that
nationality is a basic characteristic of legal identity,
meeting Target 16.9 is also essential to efforts to
prevent and to resolve statelessness. The UN Legal
Identity Agenda is therefore a useful framework for
the UN system at country level to work towards legal
identity for all.13
9
The reference to the relevant international standards is listed under each Action, while Annex 2 provides a reference to the relevant
regional standards.
10
See Article 2 of the Universal Declaration of Human Rights; Article 26 of the International Covenant on Civil and Political Rights; Article 2(2)
of the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial
Discrimination; Convention on the Elimination of All Forms of Discrimination Against Women; Article 2 of the Convention on the Rights of the
Child; Article 5 of the Convention on the Rights of Persons with Disabilities; Articles 1 and 7 of the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families.
11
Transforming our world: the 2030 Agenda for Sustainable Development, https://sdgs.un.org/2030agenda
12
“Leave no one behind” is the central, transformative promise of the 2030 Agenda for Sustainable Development and its Sustainable
Development Goals, see https://unsdg.un.org/2030-agenda/universal-values/leave-no-one-behind
13
See para. 61, United Nations Country Team Operational Guidelines Implementation of the United Nations Legal Identity Agenda,
2020,https://unstats.un.org/legal-identity-agenda/documents/UNCT-Guidelines.pdf
GLOBAL ACTION PLAN TO END STATELESSNESS 2.0
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