of the 1961 Convention, stating that it ‘does not recognize the jurisdiction of the International Court of
Justice with regard to the disputes that may arise between Contracting States concerning the
interpretation or application of the Convention.’
8. Colombia is also a party to core human rights treaties that include provisions related to statelessness
and/or nationality, such as the International Covenant on Civil on Political Rights (ICCPR, 1966), the
Convention on the Elimination of All Forms of Racial Discrimination (CERD, 1965), the Convention on
the Elimination of All Forms of Discrimination against Women (CEDAW, 1979), the Convention on the
Rights of the Child (CRC, 1997), the Convention on the Protection of the Rights of All Migrant Workers
and Their Families (CMW 1990) and the Convention on the Rights of Persons with Disabilities (CRPD,
2006). In addition to guarantees of the right to nationality, both the ICCPR and CRC contain provisions
that oblige Colombia to ensure the timely birth registration of every child immediately after birth.
Notably, Colombia made no reservations to provisions on the right to a nationality or to an identity
found in any of these treaties.
9. Colombia is also a signatory to the American Convention on Human Rights, which recognises each
person’s human right to nationality (Article 20).13 As explained below, Colombia does not adequately
comply with Article 20.2, which requires that that ‘Every person has the right to the nationality of the
state in whose territory he was born if he does not have the right to any other nationality.’
10. Colombia has been an active supporter of addressing statelessness regionally, proposing Resolution
2665 on the Prevention and Reduction of Statelessness and Protection of Stateless Persons in the
Americas (2011)14 and Resolution 2826 on the Prevention and Reduction of Statelessness and
Protection of Stateless Persons in the Americas (2014)15 to the Permanent Council of the Organization
of American States (OAS).
11. Colombia was also one of 28 countries that adopted the 2014 Brazil Declaration and Plan of Action,
which includes a chapter specifically directed toward addressing statelessness in the region.16 As such,
Colombia has agreed to accede to the 1954 statelessness convention, establish a statelessness
determination procedure, facilitate the naturalisation procedure of stateless persons and facilitate the
confirmation of nationality, among other measures. As this joint submission indicates, Colombia has yet
to follow through with the implementation of many of these recommendations.
Colombia’s Nationality Law Framework
12. Colombia allows for both jus sanguinis (nationality by descent) and conditional jus soli (nationality by
birth on the territory) citizenship acquisition. Thus, children born abroad to Colombian parents are
entitled to obtain Colombian citizenship at birth and, as long as a non-Colombian parent can establish
valid residency in Colombia, a child born on Colombian soil is entitled to acquire Colombian citizenship
as well. As this submission illustrates, however, children born of Colombian nationals who fled during
the decades-long armed conflict between the State and the Fuerzas Armadas Revolucionarias
Colombianas (FARC) have not always been able to access Colombian nationality. Furthermore, and as
explained below, there are obstacles that hinder specific populations born on the territory from having
their right to a nationality fulfilled via jus soli.
13
American Convention on Human Rights, ‘Pact of San Jose, Costa Rica’ (1969), http://www.oas.org/dil/treaties_B32_American_Convention_on_Human_Rights.htm.
14 Resolution is available at https://www.oas.org/dil/AG-RES_2665_XLI-O-11_eng.pdf.
15 Resolution is available at http://www.oas.org/en/sla/dil/docs/AG-RES_2826_XLIV-O-14.pdf.
16 The declaration in full is titled, “A Framework for Cooperation and Regional Solidarity to Strengthen the International Protection
of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean”
http://www.acnur.org/t3/fileadmin/Documentos/BDL/2014/9865.pdf.
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