A/HRC/40/71
caused by conflict, forced displacement and migration, which can also, inter alia, result in
family separation, loss of identity documentation and prolonged exile from the place of origin.
15.
During the third panel discussion, participants raised the issue of ensuring the right to
a nationality for persons belonging to minorities through facilitation of birth registration,
naturalization and citizenship for stateless minorities. Participants emphasized the
importance of fair and effective legislative and administrative measures which would ensure
the enjoyment of the right to a nationality for all without discrimination or arbitrary barriers.
16.
The fourth panel discussion addressed the situation of minority women and children
affected by statelessness and the importance of advancing gender equality in nationality laws.
The participants pointed out the multiple and intersecting forms of discrimination that women
and children face both because of their status as women and children and as a result of their
statelessness, as well as the continuing existence of legislation in some countries preventing
women from passing their citizenship to their children.
B.
General recommendations
17.
States should ratify, accede to and adhere to all international and regional
human rights instruments that protect and promote the rights of minorities and those
aiming to combat statelessness.
18.
States should ensure full implementation of international human rights
instruments, including, in particular, the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities, and should take
steps to incorporate them in national legislation.
19.
States should take legislative, administrative and policy measures aimed at
eliminating statelessness affecting minorities by, inter alia, adopting anti-discrimination
legislation addressing birth registration and a fair, facilitated and transparent
procedure for accessing identity and other documentation necessary to acquire a
nationality and citizenship for persons belonging to minorities.
20.
All States, international organizations, non-governmental organizations, civil
society and other entities working on the rights of minorities should make efforts to
collect disaggregated data to inform policymakers about statelessness of minorities with
the aim of addressing the issue in the most comprehensive manner.
21.
States are encouraged to increase international and regional cooperation on
combating the issue of statelessness and promotion of the rights of persons belonging to
minorities and share best practices and effective strategies in this regard.
22.
States and the United Nations are encouraged to designate an international day
on the elimination of statelessness with the aim of raising further awareness, inter alia,
on the importance of combating statelessness through the promotion and protection of
the rights of persons belonging to minorities.
23.
States, national human rights institutions and civil society representatives are
encouraged to use the United Nations human rights mechanisms, including the Human
Rights Council, the universal periodic review, treaty bodies and other appropriate
forums to raise the issue of statelessness and minority rights, provide recommendations
and call for action to eliminate statelessness.
24.
National human rights institutions should take measures to address situations of
statelessness of minorities and take action to combat statelessness in their respective
countries.
25.
States should refer to minority rights and statelessness affecting minorities when
developing and adopting relevant resolutions, policies, guidelines and other tools.
26.
States should create a safe and enabling environment for civil society
representatives working on minority issues to monitor the implementation of States’
obligations towards ensuring the right to a nationality for stateless minorities.
5