1. MAKING EFFECTIVE USE OF UN HUMAN RIGHTS MECHANISMS
TO SOLVE STATELESSNESS
of the 129 States which were not States Parties to both the 1954
and 1961 Statelessness Conventions at the time of their review, only
49 received recommendations to ratify. The erratic nature of some
recommendations is illustrated by the fact that at least two States have
received recommendations to ratify both Statelessness Conventions
despite already being a party to one or both.49
As noted above, an accepted recommendation in theory indicates a
commitment by the State to act on the issue and can therefore provide
an opening for other actors to offer support or technical assistance, or,
if no action is forthcoming, a basis on which to lobby the State. When
a State does not accept a recommendation it may indicate or imply
that the State does not consider the content of the recommendation
a part of human rights law. There may, of course, be other reasons
for rejecting recommendations, ranging from political objections to
the State making the recommendation to concerns about the ability
to implement the recommendation in practice. The table below
shows the acceptance rate of relevant recommendations (including
broadly relevant recommendations).50 While the acceptance of
recommendations is desirable, the fact that a recommendation is
rejected does not mean that it has no effect. Such recommendations at
a minimum indicate interest in an issue and assert the appropriateness
of addressing it through human rights mechanisms. They can also
serve to raise awareness among other actors, put pressure on the SuR
and be tools for advocacy both at the national level and with regard to
the need for follow up in subsequent UPR cycles.
49
50
HRC, Report of the Working Group on the Universal Periodic Review: Burkina
Faso, 8 July 2013, A/HRC/24/4, para. 135.1 (recommendation to accede to
both Statelessness Conventions although Burkina Faso had acceded to the
1954 Convention on 1 May 2012); HRC, Report of the Working Group on the
Universal Periodic Review: Hungary, 8 July 2016, A/HRC/33/9, para. 128.5
(recommendation that Hungary acceded to both Statelessness Conventions
although Hungary ratified the 1954 Statelessness Convention in 2001 and the
1961 Statelessness Convention in 2009).
The ‘global’ acceptance rate of recommendations in the second cycle is 73.7%
UPR Info, Statistics, supra n38.
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