A/HRC/40/71
III. Recommendations to eliminate root causes and consequences
of statelessness affecting minorities and preventing
statelessness through a human rights approach
A.
Discussion
27.
The discussion was moderated by John Packer (Canada), Neuberger-Jesin Professor
of International Conflict Resolution at the Faculty of Law and Director of the Human Rights
Research and Education Centre, University of Ottawa. Presentations on the topic under
discussion were made by Amal de Chickera (Sri Lanka), Co-Founder and Co-Director of the
Institute on Statelessness and Inclusion; Diana Gichengo (Kenya), Identity and Inclusion
Programme Manager at the Kenya Human Rights Commission; and Olena Vaidalovych
(Ukraine), Coordinator of the Youth Initiative Group at the charitable organization Roma
Women Fund “Chiricli”.
28.
The panellists addressed issues of discrimination, exclusion and marginalization of
minorities as root causes of their statelessness. They identified discrimination on the basis of
race, ethnicity, religion and language as a root cause of statelessness. It was recalled that such
discrimination was often justified by legislative, administrative and technical requirements
to acquire a nationality or the absence of any safeguards against arbitrary deprivation of
nationality. Consequently, discrimination prohibited minorities from accessing birth
registration and national identity documentation to prove their existence, and often served as
the cause for arbitrary and discriminatory deprivation of nationality.
29.
The participants identified dissolution of States and the requirement to register as
citizens of newly formed countries as well as displacement as reasons for statelessness among
minorities. The panellists spoke about the violation of fundamental rights and freedoms faced
by minorities as a result of statelessness, including accessing health-care services, education
and employment, among others. The need to challenge the perceived tension between State
sovereignty and the right to a nationality in relation to the determination of the entitlement to
the right was also discussed.
30.
Panellists suggested that international human rights law and instruments addressing
the rights of persons belonging to minorities and the right to a nationality be effectively
implemented. The inclusion of minorities and minority organizations in policymaking was
essential. The panellists placed particular emphasis and importance on ensuring access to
birth registration and identification documents.
31.
Participants discussed the role of discrimination, persecution, isolation and
marginalization of minorities as causes of statelessness and the need to combat them. Lack
of respect for human rights and impunity for human rights violations were among the
problems to be tackled. The need to combat deep-rooted stereotypes and to ensure the
inclusion and integration of all communities, without discrimination on any ground,
including migratory status, was also mentioned. Importance was also attached to the
elimination of discriminatory citizenship laws and requirements and ensuring access to birth
registration and identity documentation.
32.
The need for law and policy reform was emphasized, as was the need to accede to
international and regional instruments addressing the issue of statelessness and the rights of
persons belonging to minorities and their implementation at the national level. The
participants cited examples of how statelessness violated human rights and dignity.
33.
Participants highlighted that ensuring the right to a nationality at birth was a way to
tackle the issue. Reference was made to the Sustainable Development Goals, in particular
target 16.9 to provide legal identity for all.
34.
Reference was also made to the Convention on the Rights of the Child and other
instruments specifically referring to the right to a nationality and, therefore, State
responsibility to respect those instruments and their obligations thereto.
6