78 Global Recommendations on Nationality and Statelessness in the Context of Climate Change Global Recommendations on Nationality and Statelessness in the Context of Climate Change ANNEX ANNEX ANNEX — Assessment checklist Laws and policies relating to the loss of nationality 1. Can nationals lose their nationality by residing abroad? (Recommendation 6) 2. Can nationals voluntarily renounce their nationality even if this would leave them stateless? (Recommendation 6) To identify potential risks of statelessness that may arise in the context of climate change, States may wish to undertake country-specific or regional assessments using the questions in the checklist below. Such assessments should review a broad range of laws, regulations and policies that may affect a person’s ability to acquire, confer or retain nationality; to naturalize; or to access civil registration or identity documentation services. Relevant laws (and related regulations and policies) include: The national constitution, nationality laws, civil registration laws, immigration laws, refugee laws, family laws including laws relating to marriage and adoption, laws relating to equality and non-discrimination, census laws, laws relating to climate adaptation, management, and disaster risk reduction and relief, as well as laws relating to the migration of people in the context of climate change. Given the potentially wide range of laws and policies that may require assessment, States may wish to consider establishing a national taskforce or coordination mechanism, which brings together relevant ministries and departments to ensure that the assessment is conducted comprehensively and accurately. Laws and policies relating to the acquisition of nationality 1. Is nationality acquired in the territory by jus soli, jus sanguinis, or a combination? 2. Can all nationals confer their nationality to their children born abroad? (Recommendation 7) 3. Can nationals who were born abroad confer nationality to their children born abroad? (Recommendation 7) 4. Is dual or multiple nationality permitted? (Recommendations 6, 9) 5. Is nationality granted to children born in the territory who would otherwise be stateless? (Recommendation 7) 6. Is nationality granted to foundlings present in the territory? (Recommendation 7) Laws and policies relating to birth registration and proof of nationality 1. Can all persons who give birth on the territory register the births of their children free of charge? (Recommendation 8) 2. Are simplified procedures in place to facilitate the (re)acquisition of identity documents in cases where they are lost or damaged? (Recommendation 8) 3. Are policies in place to allow for access to consular services for persons impacted by climate change who may lack identity documents? (Recommendation 8) 4. Have consular and government officials received training to support persons impacted by climate change to (re)acquire documentation? (Recommendation 8) 5. Is the State’s civil registration system digitalized? (Recommendation 8) 6. Have existing paper identity documents been digitized? (Recommendation 8) Laws and policies relating to the identification of stateless persons 1. Do census exercises and government surveys count all persons residing in territories regardless of nationality, legal or migration status? (Recommendation 1) a. Is census and other population survey data disaggregated based on age and sex? (Recommendation 1) b. Are mechanisms in place (including bilateral and multilateral arrangements) to ensure that border-dwelling, nomadic and semi-nomadic populations are comprehensively counted? (Recommendation 1) 7. Does the law facilitate the naturalisation of stateless persons in the territory? (Recommendations 4, 8) 2. Have surveys been undertaken to identify and assess the specific needs and risks faced by stateless communities in the context of climate change? (Recommendation 1) 8. Does the law permit the spouse and children of the person who is naturalized to also acquire nationality on a derivative basis? (Recommendation 4) 3. Does the law contain a definition of a stateless person in accordance with the international legal definition of a stateless person? (Recommendation 3) 9. Have targeted nationality or nationality verification campaigns or measures for existing stateless populations residing in territories been planned or undertaken? (Recommendation 4) 4. Is an SDP in place to determine statelessness status for persons in a migratory context? (Recommendation 2) 79

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents