A/HRC/40/71
V. Recommendations to ensure the right to a nationality for
persons belonging to minorities through facilitation of birth
registration, naturalization and citizenship for stateless
minorities
A.
Discussion
68.
The panel discussion was moderated by Amal de Chickera (Sri Lanka), Co-Founder
and Co-Director of the Institute on Statelessness and Inclusion, and presentations were made
by Elizabete Krivcova (Latvia), Member of the Board of the Latvian Non-Citizen’s Congress;
Khalid Hussain (Bangladesh), Chief Executive of the Council of Minorities; and Beneco
Enecia (Dominican Republic), Director of the Center for Sustainable Development.
69.
The panellists shared their experiences in ensuring the right to a nationality for
minorities in their respective countries and made recommendations based on those
experiences. They reaffirmed the fact that statelessness is often the result of human rights
violations, leaving minorities socially, culturally and economically subject to marginalization
and exclusion. Although stateless persons may enjoy certain rights in some countries, they
are nevertheless still stigmatized and lack access to many important services and rights. Such
situations should not be viewed as justified.
70.
In their presentations, panellists emphasized the importance of using all available
judicial, legal and administrative measures at the national, regional and international levels
to fight to ensure the right to a nationality for stateless minorities, without discrimination.
Panellists made reference to article 7 of the Convention on the Rights of the Child and target
16.9 of the Sustainable Development Goals, calling on States and other stakeholders to be
guided by them when addressing statelessness of minorities.
71.
Participants stated that it was essential for everyone to have access to the right to a
nationality through, inter alia, access to civil documentation such as birth certificates,
national identity cards and passports. Participants reaffirmed that the absence of such
documentation often hindered the full realization of essential civil, political, economic, social
and cultural rights of minorities. Stateless minorities could in some cases be deprived of the
opportunity to marry and form a family, education and employment opportunities, as well as
access to basic social services.
72.
Participants also highlighted the importance of acceding to the 1954 Convention
Relating to the Status of Stateless Persons, which sets out a number of rights to which
stateless persons are entitled, and the 1961 Convention on the Reduction of Statelessness,
which provides a set of tools for eradicating statelessness. Participants and panellists also
suggested the creation of a mandate of special rapporteur on the right to a nationality.
B.
Recommendations
Legal and administrative framework
73.
States should comply with their international human rights obligations and
ensure the right to a nationality for all minorities without any form of discrimination.
74.
States should ratify or accede to the 1954 Convention Relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness and ensure
their full implementation for everyone, particularly minorities.
75.
States should ratify or accede to the International Convention on the Elimination
of All Forms of Racial Discrimination and the Convention on the Rights of Persons with
Disabilities as well as all other relevant international and regional human rights
instruments, and ensure the implementation of the provisions relating to the right to a
nationality therein. This also implies removing any reservations pertaining to those
provisions.
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