A/HRC/40/71
76.
States should provide necessary civil registration documentation, such as birth
certificates, legal identity documents and passports, to minorities and facilitate their
naturalization process. States should refrain from imposing arbitrary barriers and
procedural requirements for naturalization or issuance of civic documentation that
may put people at risk of statelessness.
77.
States should protect the rights of lawyers and human rights defenders working
to ensure the right to a nationality of minorities, and adequately investigate and provide
redress in cases of reprisals or intimidation against them.
International engagement and cooperation
78.
States are encouraged to establish an international mechanism/mandate for
ensuring the right to a nationality, which will also be mandated to pay particular
attention to the implementation of the rights of persons belonging to minorities.
79.
States are urged to share best practices and deliver pledges in relevant
international forums to take steps to end statelessness through law and policy reform,
accession to treaties and other key steps, with particular reference to the promotion and
protection of the rights of persons belonging to minorities, including at the World
Conference on Statelessness and Inclusion to be held in June 2019 and the UNHCR
high-level event on statelessness to be held in October 2019.
80.
States, in cooperation with the United Nations, civil society organizations and
other stakeholders, should make efforts to identify stateless minorities and adopt
comprehensive legal, administrative and policy measures to ensure their right to a
nationality. States are encouraged to draw on the technical expertise of the United
Nations and civil society on statelessness, the right to a nationality and the rights of
persons belonging to minorities when developing such laws and policies.
81.
States should revise and reform their existing citizenship/nationality laws in
consultation with United Nations bodies and agencies, civil society organizations and
representatives of minorities to make sure that the nationality rights of everyone are
protected, especially for the minorities at risk of statelessness.
82.
Where States fail to comply with their international human rights obligations,
minorities and civil society organizations are encouraged to use national judicial and
administrative bodies to remedy the situation, as well as, if necessary, regional and
international bodies.
VI. Recommendations on addressing statelessness affecting
minority women and children and advancing gender equality
in nationality laws
A.
Discussion
83.
The panel was moderated by Anastasia Crickley (Ireland), Vice-President of the
International Association for Community Development and former Chair of the Committee
on the Elimination of Racial Discrimination. Presentations were made by Benyam Dawit
Mezmur (Ethiopia), member of the Committee on the Rights of the Child; Noro Ravaozanany
(Madagascar), President of the Focus Development Association; and Nina Murray (United
Kingdom of Great Britain and Northern Ireland), Head of Policy and Research at the
European Network on Statelessness.
84.
The panellists commended women from minority communities for their courage and
commitment in addressing many human rights issues affecting minorities, including
statelessness. They noted that although statelessness is a minority issue, it is also a child’s
rights issue, as statelessness can have a lifelong negative – and intergenerational – impact on
children. The violation of the right of the child to a nationality often starts before a child is
even born.
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