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

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