SOLVING STATELESSNESS
care and social welfare entitlements.53 For example, in Kenya, a national
identity card (ID card) is often required to demonstrate citizenship and
thereby access goods and services. A national ID card is necessary to be
admitted to hospital, to enrol in university, to vote, to open a bank or mobile
money account, to get married, to obtain a passport and access many
other services. Although Kenyan law sets out the various ways in which
an individual may acquire Kenyan nationality, it also allows the officials
responsible for processing ID applications significant discretion to defer or
deny applications or to demand additional forms of documentation, such
as parents’ or grandparents’ birth or death certificates, affidavits from
tribal elders, or school leaving, madrassa or baptismal certificates.54 This
discretion has enabled pervasive discrimination against certain groups,
such as the Nubians and Somalis, whose legal entitlement to nationality is
often eroded by their inability to secure documentary proof of their legal
identity.
Target 16.9 can also be helpful in the case of stateless persons in a
migratory context,55 for example, expatriates who lose or who are
deprived of their nationality without having acquired the nationality
of their country of habitual residence, as it can support arguments
for the identification and protection of such individuals through
formal recognition as stateless persons until they are able to acquire a
nationality. Most stateless populations living in a migratory situation
remain invisible, unrecognised and undocumented, making their
existence precarious.56 Stateless persons should be afforded a broad
range of civil, economic, social and cultural rights as set out in the
1954 Convention relating to the Status of Stateless Persons57 and
53
54
55
56
57
See, Govil, supra n35.
B. Oppenheim and B.M. Powell, Legal Identity in the 2030 Agenda for
Sustainable Development: Lessons from Kiera, Kenya, Open Society Justice
Initiative Policy Paper, 2015.
The vast majority of stateless individuals are found in their “own country”,
that is the country with which they have long-established ties, usually because
of long-term residence or birth. For these in situ populations, the best course
of action is for States to undertake targeted nationality campaigns with
the objective of resolving the situation through grant of nationality and the
issuance of national identity documentation to such populations if necessary.
See UNHCR, Handbook on Protection of Stateless Persons, 2014, paras. 58-59.
See, for example, UNHCR, Mapping Statelessness in the United Kingdom, supra
n26.
Convention relating to the Status of Stateless Persons, 28 September 1954,
entry into force 6 June 1960, 360 UNTS 117.
59