EC/64/SC/CRP.11
(b)
Promoting accession
10.
The relatively low number of States party to the 1954 and 1961 Statelessness
Conventions has been a major weakness of the international legal framework on
statelessness. As reported in the previous Note on Statelessness, at the beginning of 2011
there were 65 parties to the 1954 Convention and 37 parties to the 1961 Convention.
Promotion of accession to the two Conventions has thus remained a major focus. The
Office actively promoted accession to the 1954 Convention in 67 States, up from 39 during
the previous two-year period. UNHCR also intensified efforts to promote the 1961
Convention: It did so in 86 counties, up from 55 during 2009-2011. In addition to
advocacy letters to selected governments and widespread dissemination of brochures on the
content of the Conventions, UNHCR’s promotion activities included analysis of
compatibility between national legislation and the Conventions, roundtable meetings with
governments to discuss the impact of accession and facilitation of information-gathering
visits to States which were already parties.
11.
Resolutions of the United Nations General Assembly, the Human Rights Council,
the General Assembly of the Organization of American States, and the Assembly of the
Inter-Parliamentary Union, all called upon States to consider accession. At the 2012 United
Nations General Assembly High-level Meeting on the Rule of Law, European Union
Member States which had not yet done so pledged to become parties to the 1954
Convention and to consider accession to the 1961 Convention. The UN Human Rights
Treaty Bodies made frequent recommendations to States to accede in the context of State
reporting procedures. In addition, an increasing number of States which are already party
to one or both Conventions are calling upon others to become parties. This was most
evident in the context of the Universal Periodic Review of the UN Human Rights Council,
whereby a total of 31 recommendations to accede were made to specific States. Five States
accepted these recommendations.
12.
The result of these developments was an unprecedented increase in the number of
States parties to the two Conventions. There were 26 accessions by 17 States during the
two-year period covered by this report, with 14 accessions to the 1961 Convention and 12
to the 1954 Convention. This is more than twice as many accessions as during any
previous two year period since the treaties were adopted. These developments underline a
fundamental shift in attitude towards the issue of statelessness.
13.
This trend is also demonstrated by the number of pledges relating to accession made
by States during the Ministerial Intergovernmental Event, during which 32 States pledged
to accede to the 1961 Convention and 22 to the 1954 Convention. There were pledges
made by States in all regions of the world, albeit in lower numbers in Asia and in the
Middle East and North Africa region. As of May 2013, 15 (or 28%) of these pledges had
been implemented.
(c)
Promoting law reform and providing technical advice
14.
Inadequate legislative provisions continued to create new cases of statelessness and
posed obstacles to solutions. In numerous instances, nationality and related legislation
were not compliant with either the 1961 Convention or with United Nations and regional
human rights standards. The Office has therefore established a global strategic priority on
the adoption of nationality laws that prevent and reduce statelessness. During 2011-2012 it
promoted reform of nationality laws in 71 States and provided technical advice to 41 States,
up from 23 in the previous reporting period. Notably, UNHCR provided technical advice on
the drafting of nationality legislation for newly independent South Sudan and contributed to
constitutional and law reform processes in a number of countries such as Belgium, the
Czech Republic, Kenya, Latvia, Nepal, Tajikistan and Zambia. During the reporting
period, a total of 14 States amended their nationality legislation to strengthen safeguards
against statelessness. UNHCR observed several broad trends in nationality laws during this
period, including removal of legal provisions leading to loss of nationality for residence
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