A/HRC/40/71
IV. Recommendations to address the main challenges of
statelessness arising from conflicts, forced population
movements and migration affecting minorities and to find
possible solutions
A.
Discussion
46.
The panel was moderated by Joshua Castellano (India), Executive Director of
Minority Rights Group International, and presentations on the topic were made by Shahrzad
Tadjbakhsh, Deputy Director of the Division of International Protection at UNHCR; Wai
Wai Nu (Myanmar), Director of Women’s Peace Network; and P.P. Sivapragasam (Sri
Lanka), President of the Human Development Organization.
47.
It was noted that minority groups tend to be disproportionately represented in
situations of statelessness in the context of conflict, forced displacement and migration, as
they are usually the ones who bear the brunt of the discrimination, marginalization and denial
of basic rights that accompany the condition of being stateless.
48.
The panellists highlighted that statelessness could equally be both a root cause and a
consequence of conflict, forced displacement and migration. What unites the theme of
statelessness as a potential consequence of conflict, forced displacement and migration is that
all these phenomena often have the effect of uprooting a person from the place where they
were born or had lived most of their lives and placing them in a situation where they become
“outsiders”, or at least are perceived as such.
49.
It was noted that for those who belong to minority communities, the “outsider” status
can be reinforced because of their faith, their language, their customs, or the colour of their
skin. This can result in family separation and loss of identity documentation, making it more
difficult for minorities to prove their nationality or entitlement to it.
50.
Reference was made to repressive laws that resulted in some of the most horrific
crimes in the history of humankind. Such laws “justifying” denial or arbitrary deprivation of
nationality could trigger violence, mass atrocities and displacement, forced migration and
deportations, and even the destruction of entire groups and communities.
51.
The panellists highlighted the important role of international organizations and civil
society organizations in fostering reconciliation and combating discrimination against
minorities in situations of conflict. Reference was also made to the UNHCR “I Belong”
global campaign to end statelessness by 2024, and its thematic focus in the past two years on
stateless minorities.
52.
Participants reaffirmed the statements by panellists emphasizing that discrimination
and hate propaganda against minorities created tensions in countries which could lead to
conflicts, forced deportations and migration. Minorities were particularly vulnerable and
marginalized in those situations and prone to situations of statelessness.
53.
Participants also highlighted the important role of the United Nations in preventing
mass atrocities, including genocide, which, in turn, could have an impact on preventing and
combating statelessness. In that context, they highlighted the importance of cooperation
between United Nations bodies addressing peace and security, human rights and refugees
and stateless people.
54.
Participants also attached great importance to the facilitation and enabling of
voluntary return and repatriation of minorities who had been forced to leave their homes. In
situations where that might not be possible, the States where they resided were encouraged
to facilitate the provision of legal identity, registration and naturalization of minorities.
8