Perhaps another way to perceive root causes of statelessness, is to question if there
has been a collective failure at all levels – UN, state, civil society – to do what we are
obliged to, by law, by institutional mandate and by our basic humanity.
4. We must challenge the perceived tension between state sovereignty and
the right to a nationality
At the heart of many debates, is the perceived tension between the states right to
decide who belongs, and the human right of every person to a nationality.
Minorities often are at the fault-line of this debate. they do not belong here,
because they are from there.
I offer two thoughts:
1. States exercise their sovereignty when they accede to international treaties,
participate as member states of the UN and incorporate international norms
into domestic law. This is not a clash, but a reinforcement. And so, perhaps
this tension is an illusion – a lazy argument that has run its course.
2. Even where there may be a tension, it is only in a few fundamental ways that
international law limits how a state may shape its nationality law. For
example, rules of belonging should not be discriminatory. This basic principle,
we all should be able to agree, benefits us all.
Ultimately, we can imagine a more inclusive future.
The problem of statelessness is solveable, and the benefits – to individuals,
minorities and states - of solving it are immense. I commend the Special Rapporteur
for drawing our attention to this important issue. It is up to us to collectively ensure
that every person’s right to a nationality is respected, protected and fulfilled.
Thank you.