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Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
7. GLOBAL RECOMMENDATIONS | Recommendation 5
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART B
55
7. GLOBAL RECOMMENDATIONS | Recommendation 5
Assess relevant legal and policy frameworks to identify where
potential risks of loss of nationality and statelessness may arise
to prevent loss of nationality and statelessness in the context
of climate change (also relevant to Recommendation 9
under Prevent).
This Recommendation is relevant for contexts in which there are:
— Nationals (at risk of losing their nationality and becoming
stateless) in their country of nationality;
— Nationals (at risk of losing their nationality and becoming
stateless) outside their country of nationality;
Context:
7.25 Extreme weather events and slow onset events or environmental
processes linked to climate change have the potential to cause loss
of life, displacement, and destruction of documentation. In crisis
situations, risks of loss of nationality and statelessness can arise
where domestic laws and policies fail to provide safeguards against
loss of nationality and statelessness.62 For example, the absence
of safeguards in nationality laws to ensure nationality is granted to
children who are abandoned and whose parents are unknown
(for example, due to death) could lead to statelessness. Likewise,
nationality laws that prevent mothers from conferring their nationality
to their children may result in children being left stateless if fathers
are not present to attest paternity (e.g. because they are missing
or have died).
7.26 For individuals outside their country of nationality, statelessness
can arise if, for example, they are subject to laws that permit
nationals to lose their nationality if they reside in another country
for an extended period, or due to legislation or complex processes
that limit the ability of children born abroad to acquire the nationality
of their parents or of the country of birth. When documents are lost
or destroyed, for example in situations of disaster due to extreme
weather events, unclear, complex or non-existent procedures for the
replacement or renewal of civil registration, nationality or identity
documents may also compound risks of statelessness.63
IV. Prevent
IV. Prevent
Recommendation 5
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