Statelessness Working Paper Series 2017/04
civil servants to correctly implement the safeguard against statelessness at birth, and the lack of
consistency in their practice. Bad practices identified were the tendency to register the child as having
undetermined nationality, or to request mandatory documents, such as a statelessness judgment for
the parents or the child. The survey confirmed identified obstacles to acquisition of nationality, such
as ensuring paternal filiation, the division of competence between the authorities responsible for the
birth registration and those responsible for the registers in which children of asylum seekers’ are
registered, or birth registration for children of parents in irregular stay. It also underlined that children
of migrants in irregular stay are the least likely to benefit from the safeguard against statelessness at
birth due to the lack of a legal residence of their parents. A welcome observation was, however, the
initiative of some municipalities to turn to the FPS Justice to help them determine the statelessness
of the child.
This article has shown that— despite strong existing safeguards against statelessness at birth in the
Belgian legislation— in practice, proper application of existing safeguards is impaired by
administrative obstacles or lack of expertise of civil servants who implement the law, which leave the
children of asylum seekers at risk of statelessness. The identification of children at risk of statelessness
or the assessment a child's statelessness is a difficult task for civil servants, who are not trained on the
issue. Therefore, training for civil servants on Article 10 BNC, the development of a centralised body
that could systematically help them assess children's statelessness and the issuance of guidelines for
municipalities on persons at risk of statelessness would be a welcome development to ensure the
correct implementation of Article 10 BNC.
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