governing the entry and residence of non-citizens should take into
consideration the specific situation of stateless persons, particularly those who
are outside their country of habitual residence. The UN should also promote
and provide advice on laws and regulations establishing a formalized
procedure, and where applicable, the creation of institutions, for determining
who is stateless on a territory. States should grant the individuals, who are
confirmed to be stateless through such determination procedures, the right to
stay on their territory, as well as concomitant civil, political, social, economic
and cultural rights if they do not have the right to return to and reside in
another State.
•
The UN should promote respect of international human rights standards visà-vis stateless persons: While some distinctions between nationals and nonnationals are permissible under international law, authorities must be made
aware of their duty to guarantee the rights of all persons within their territory
or under their jurisdiction, including stateless persons. Training should inform
authorities dealing with stateless persons about statelessness and its
consequences and the importance of non-discrimination. Training of law
enforcement agencies and courts helps to ensure that rights of stateless persons
are respected and enforced where necessary, for instance to prevent trafficking
of stateless persons. Exchanges between stateless people and public authorities
can be organized to highlight specific difficulties that stateless people face in a
country. UN agencies should ensure that their own and their partners’ policies
and programmes reflect that some persons in the country of operation have no
nationality and may therefore need specific attention and should generally not
be excluded on the basis that they are foreigners.
•
The UN should assist with capacity-building and training to assist
authorities to be able to identify stateless persons and extend treatment in
accordance with international standards: Authorities dealing with assessing
the nationality of persons within the territory must be made aware of the
existence and consequences of statelessness and the importance of accurately
assessing nationality status. Good cooperation between countries facilitating
exchange of information with full respect for the rights of the individual is
essential. Training on determining nationality should also extend to courts
deciding nationality claims. Authorities and courts responsible for decisions
on the status of aliens should be made aware of how the situation of stateless
persons, including de facto stateless persons, can be addressed in the national
legal system in a manner consistent with international standards.
•
Empowering stateless persons through legal assistance and integration
programmes: Stateless persons must be aware of their rights and may require
practical or legal assistance with, for example, nationality verification
processes. Any programmes to assist local populations with access to
education, health care or income-generation should, where possible, also
include stateless populations. Such socio-economic integration of stateless
persons helps to create political will for achieving full integration through the
acquisition of a nationality by lowering the political stakes for such a decision.
Where possible, activities should also consider how integration can promote
acquisition of a nationality, for instance by helping stateless persons to fulfil
requirements for naturalization. For example, language classes not only help
stateless persons improve their interactions with authorities generally but also
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