1. Identification of statelessness The identification of statelessness is a prerequisite for any response strategy. Successful identification involves a comprehensive analysis of a given statelessness situation, through the following activities: • Analysis of legal and political frameworks related to nationality and statelessness of the State to which the relevant stateless person has links (e.g. through descent, birth, territory or residence);15 • Support for data collection through census, surveys or administrative records (e.g. civil status registries) so that information on statelessness can be captured; • Gathering and analyzing data directly from stateless populations or those at risk of statelessness, e.g. problems related to documentation, education, health or security (taking into account diversity within a population, notably age and gender), and capacities of the community to tackle such problems; and • Awareness-raising on the definition of statelessness and assistance to State institutions to devise and implement statelessness determination procedures. 2. Prevention of statelessness Statelessness can be prevented by effectively addressing its causes in the following areas: • Strengthening the international legal framework: The UN should increase efforts to promote ratification/accession to the 1961 Convention, which has only 37 States party as at 1 January 2011. In doing so, reference may be made to relevant resolutions of the General Assembly which have repeatedly “encourage[d] States that have not done so to give consideration to acceding” to this Convention.16 States should also be encouraged to ratify or accede to and improve implementation of other international and regional human rights instruments that affirm the right to a nationality and a child’s right to be registered immediately after birth and to acquire a nationality. • Correcting gaps in nationality legislation: The UN must proactively identify gaps in legislation and propose necessary amendments. The standards contained in the 1961 Convention, international human rights laws and regional treaties should be promoted. This is particularly important when new or revised nationality legislation is introduced, notably upon State succession. Comprehensive guidance on the attribution of nationality in situations of State succession is contained in the Draft Articles on the Nationality of Natural Persons in Relation to the Succession of States of the International Law Commission. Constitutions may also contain relevant provisions with respect to nationality, and the Guidance Note of the Secretary-General on United Nations Assistance to Constitution-Making Process should be used as a guide. 15 A 2008 UNHCR publication provides guidance for such analyses, Statelessness: An Analytical Framework for Prevention, Reduction and Protection, 2008, available at: http://www.unhcr.org/refworld/docid/49a28afb2.html. 16 See General Assembly Resolution 64/127, 63/148, 62/124, 50/152 and 49/169. See also numerous Conclusions of UNHCR’s Executive Committee including Nos. 106, 102, 99, 95, 90, 87, 85 and 78. Human Rights Council resolutions on human rights and arbitrary deprivation of nationality13/2, 10/13 and 7/10. -9-