43. Strategies to resolve such protracted situations often require sustained
advocacy efforts coordinated with other actors. UNHCR Field Offices may
usefully provide advice on how resolution of such situations can be brought
about through changes to legislation or government policy (i.e. how
legislation is interpreted and applied). For example, for large-scale situations,
rules for conferral of nationality can be changed so that all persons resident
in the territory are considered nationals provided that they were born on the
territory (or have resided there) before a certain date, or are descended from
such persons.
44. Where the State has taken steps to resolve a statelessness situation,
activities to ensure successful outcomes may include:
• Addressing capacity gaps in administrative procedures (e.g. relating
to processing of cases or issuance of documentation);
• Public information campaigns;
• Legal counseling to stateless persons on how to access procedures;
• Support for mobile teams to ensure all sectors of the population have
access to procedures;
• Support for integration and national reconciliation and confidence-
REDUCTION
Seeking solutions for stateless populations
through acquisition of an effective nationality
) Targeted advocacy and technical advice on
solutions
) Support solutions through
• Building capacity of State procedures
• Information campaigns
• Legal counseling to individuals
• Community outreach and mobile teams
) Advocate for changes to law and policy so
that stateless populations are included in
the body of citizens (especially useful for
large-scale situations)
) Advocate for facilitated naturalization, in
particular through lower residence
requirements and fees
) Ensure that durable solutions for stateless
refugees include (re)acquisition of a
nationality
building initiatives.
45. Acquisition of nationality on a smaller scale is most commonly accomplished through naturalization. Offices should
advocate for facilitated naturalization by stateless persons, for instance, through simplified procedures, lower fees and
reduced residence or other requirements. Under the 1954 Convention, States have an obligation to facilitate the naturalization
of stateless persons (article 32). The European Convention on Nationality also establishes an explicit obligation to facilitate
(33)
Regardless of whether States are party to either of these conventions, the principle of non-discrimination
naturalization.
must be respected with regard to criteria and procedures for naturalization. The effectiveness of naturalization and other
nationality processes generally requires that adequate information and counseling on procedures is available to stateless
(34)
persons and that they have effective access to procedures. In practice, this will sometimes mean that besides advocacy,
technical advice and capacity building, UNHCR will need to become operationally involved through information and citizenship
campaigns or legal aid programmes.
46. Reduction of statelessness is also a goal in the context of UNHCR’s mandate to seek durable solutions for refugees.
When former refugees remain stateless, there is heightened risk of subsequent forced displacement. Hence, durable
solutions strategies need to ensure that acquisition, reacquisition or confirmation of an effective nationality are outcomes for
(35)
refugees.
47. Assistance to individual cases for acquisition of nationality is addressed under “Addressing individual cases”.
d. Protection – acting to ensure that stateless persons enjoy fundamental human
rights
48. Despite efforts to prevent and reduce statelessness, statelessness continues to occur. Stateless persons must therefore
be afforded protection until such time as their predicament can be resolved through acquisition of an effective nationality.
Whenever possible, interventions to protect stateless persons should be undertaken within a broader strategy to prevent and
33
Article 6(4) of the Convention stipulates:
“(4) Each State Party shall facilitate in its internal law the acquisition of its nationality for the following persons:
[…]
(g) stateless persons and recognised refugees lawfully and habitually resident on its territory.”
34
Executive Committee Conclusion No. 107 (LVIII) – 2007, para. (h).
35
Executive Committee Conclusion No. 101 (LV) – 2004, para. (h).
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