Mr. Beneco Enecia, Center for Sustainable Development (CEDESO), provided his
inputs to the discussion drawing from his experience of addressing statelessness in Dominican
Republic, mostly affecting people of Haitian descent. He emphasized the important role regional
courts and human rights mechanisms can play in ensuring the right to a nationality, making a
reference to the decision of the
Inter-American Court of Human Rights in 2005
addressing statelessness in Dominican Republic. He stated that restrictive laws often posed
arbitrary and discriminatory requirements for minorities for acquisition of nationality, referring
to the challenges faced by Haitian-descended Dominicans.
He highlighted the importance of ratifying the 1954 Convention relating to the Status of
Stateless Persons and 1961 Convention on the Reduction of Statelessness. He recommended to
cooperate with UNHCR and civil society in identifying persons who are stateless or at risk of
statelessness, He recommended to take the necessary measures to avoid arrest or expulsions of
stateless persons. He emphasized the need to recognize and adopt comprehensive measures to
combat discrimination, racism, xenophobia and hate speech as a preventive measure to combat
statelessness. He emphasized the importance of addressing comprehensively the link between the
denial of nationality, discrimination and xenophobia.
Mr. Amal de Chickera, Institute on Statelessness and Inclusion, referred to Article 7
of the Convention on the Rights of the Child, which stipulates the right to a nationality for all
children, particularly if they otherwise would be stateless. Similarly he referred to target 16.9 of
Sustainable Development Goals calling on providing legal identity for all. By referring to
importance of legislation to ensure the right to a nationality, he reaffirmed the need of
understanding that unfortunately despite the fact that laws and policies should be designed to
protect human beings, in some cases arbitrary or discriminatory laws can cause statelessness. He
also mentioned that in other cases legislation is comprehensive and ensures the right to a
nationality for minorities, however, additional procedural and administrative requirements
impede its application and are burdensome for minorities. He emphasized the need to address
these procedural and administrative barriers, such as standard of proof, language, etc.
Amal de Chickera highlighted the role of lawyers and paralegals in ensuring that stateless
people have access to mechanisms to obtain citizenship, as well as encouraged awareness-raising
activities on how to obtain citizenship. He also referred to naturalization, mentioning that in their
own countries people should have the right to nationality without naturalization being seen as a
discretion. He also welcomed the suggestion from the participants to have national action plan to
tackle statelessness of minorities, however, he further elaborated that such national action plans
should be comprehensive and address deeper structural problems and root causes of statelessness
of minorities. He also stressed the importance of recognizing the impact of intersecting forms of
discrimination, mentioning that, for example women, persons with disabilities from stateless
minority communities bear the burden of additional barriers and discrimination. In conclusion
he advised to hold consultations with affected communities and stateless minorities, as well as
United Nations and civil society in addressing the matter.
Discussion
The following issues were raised during the discussion under Item IV:
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