Mr. John Packer, University of Ottawa, who moderated the discussion emphasized that
a rigorous application of the human rights based approach would bring to an end the global
problem of statelessness. He mentioned that the enjoyment of human rights should not be
connected with having a nationality or not rather than stipulated by virtue of being a human
being. He referred to the Convention on the Rights of the Child, mainly Article 7 therein, which
if respected would serve as effective means to combat statelessness. If states would respect their
obligation to ensure the right to a nationality and thus the obligation not to create statelessness, it
would bring a solution to the problem and eradicate statelessness.
Discussion
The following issues were raised during the discussion under Item II:
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The need of understanding and addressing the fact that statelessness undermines human
dignity and hinders the enjoyment of human rights and fundamental freedoms for persons
belonging to minorities;
The need to combat discrimination, stigma and hatred against the minorities and ensuring
access to human rights and fundamental freedoms without any form of discrimination;
The importance of eliminating arbitrary barriers for persons belonging to minorities in
accessing identification documents, including, through law and policy reform;
The importance of inclusion of minorities and their representatives in
decisionmaking processes to combat statelessness;
Item III. Statelessness resulting from conflicts, forced population movements and
migration affecting minorities: main challenges and possible solutions
This session discussed the impact of conflicts and their consequences in terms of
statelessness of persons belonging to minorities, as a result of, inter alia, forced displacement,
population transfers and forced migration. Consideration were also given to examples
illustrating measures to adopt fair statelessness determination procedures in order to ensure that
individuals enjoy their human rights during border crossing, until they acquire a nationality.
Ms. Shahrzad Tadjbakhsh, Office of the United Nations High Commissioner for
Refugees (UNHCR) presented the work done by the UNHCR, including through "IBelong"
Campaign to End Statelessness, which has also focused on the issue of stateless minorities. She
emphasized that what unites the theme of statelessness as a potential consequence of conflict,
forced displacement and migration is that all three phenomena often have the effect of uprooting
a person from the place where they are born, or have lived most of their lives causing family
separation, loss of identity documentation and prolonged exile from the place of origin. These
factors often exacerbate the discriminatory treatment that minorities receive because of their
inability to prove or establish their nationality, and can also make it much harder for them to
access remedies that might be available to those who do not belong to minorities. Destruction of
or lack of access to civil registration systems can also leave minorities vulnerable to risks of
statelessness. Shahrzad Tadjbakhsh also highlighted irregular migration as another phenomenon
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