Part I. Introduction and Context
In its (legally binding) judgments, the Inter-American Court of Human Rights
(IACtHR) has shed more light on nationality and statelessness by interpreting this
human right, as well as the relations of these issues with other rights guaranteed by
the ACHR.233 These cases have also highlighted childhood statelessness and the
importance of non-discrimination in nationality matters.234 As such, the ACHR
can address a wide range of issues relating to preventing and solving statelessness:
reducing childhood statelessness, preventing (arbitrary) deprivation of nationality,
the right to acquire a nationality, and non-discrimination in nationality matters. The
OAS has furthermore passed some resolutions on statelessness, which for instance
call upon member states to ratify the Statelessness Conventions and to ensure training
of member state officials.235 In December 2014, the Latin American and Caribbean
governments, gathered to commemorate the 30th anniversary of the 1984 Cartagena
Declaration on Refugees236, have furthermore adopted the Brazil Declaration and
Plan of Action.237 This Declaration aims to implement cooperation on protection
and solutions for refugees, displaced people and stateless people. It includes different
instances in which preventing and solving statelessness are considered, highlighting for
instance non-discrimination, facilitated naturalization, but also promoting accession
to the Statelessness Conventions, facilitating birth registration and statelessness
determination procedures.
On the African continent, the Organisation of African Unity (OAU), since
2002 replaced by the African Union (AU), adopted the African Charter on Human
and Peoples’ Rights (ACHPR)238 in 1981. The ACHPR does not include a right to a
nationality, but in its communications on (alleged) violations of the ACHPR by states,
the African Commission on Human and Peoples’ Rights (ACmHPR)239 has considered
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237
238
239
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Eg Ivcher-Bronstein v Peru Series C No 74 (IACtHR, 6 February 2001); Case of the Girls Yean and
Bosico v Dominican Republic Series C No 130 (IACtHR, 8 September 2005); Gelman v Uruguay Series
C No. 221 (IACtHR, 24 February 2011); Case of the Expelled Dominicans and Haitians v Dominican
Republic Series C No. 282 (IACtHR, 28 August 2014).
Eg Case of the Girls Yean and Bosico v Dominican Republic Series C No 130 (IACtHR, 8 September
2005).
AG/RES. 2826 (XLIV-O/14) Prevention and Reduction of Statelessness and Protection of Stateless
Persons in the Americas (adopted at 2nd plenary session, 4 June 2014); Kristy A Belton, Statelessness
in the Caribbean. The Paradox of Belonging in a Postnational World (University of Pennsylvania Press
2017) 49–51.
About the 1984 Cartagena Declaration and ensuing process, also see Carlos Maldonado Castillo, ‘The
Cartagena Process: 30 Years of Innovation and Solidarity’ (2015) 49 Forced Migration Review 89.
Brazil Declaration, ‘A Framework for Cooperation and Regional Solidarity to Strengthen the
International Protection of Refugees, Displaced and Stateless Persons in Latin America and the
Caribbean’, Brasilia, 3 December 2014 <https://www.refworld.org/docid/5487065b4.html> accessed
5 September 2021.
African (Banjul) Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force
21 October 1986) OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982) (ACHPR).
The ACmHPR is tasked with oversight and interpretation of the ACHPR. However, with a protocol
to the ACHPR, the African Court on Human and Peoples’ Rights (ACtHPR) was created. Th is Court
complements the quasi-judicial mandate of the Commission and can issue legally binding decisions.
Intersentia
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