Until the Second World War, the grant and withdrawal of nationality was regarded as being wholly within the sovereign discretion of states. Since the Universal Declaration on Human Rights first provided for the right to a nationality in 1948, the international human rights framework has increasingly restricted that discretion.
The 1954 Convention relating to the Status of Stateless Persons provides for the protection of stateless persons in a similar framework to that established for refugees; while the 1961 Convention on the Reduction of Statelessness establishes certain basic rules to avoid statelessness at birth and in case of loss or deprivation of nationality.
The International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, both provide for every child to have the right to acquire a nationality. In addition, all the international human rights treaties targeting various forms of discrimination mention the right to a nationality, including the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Elimination of All Forms of Racism, the Convention on the Rights of All Migrant Workers and Members of their Families, and the Convention on the Rights of All Persons with Disabilities.
More information on the international standards and actions against statelessness can be found on the UNHCR website, including a set of important Guidelines on Statelessness and Good Practices Papers for states. In 2014, UNHCR launched the #IBelong campaign to end statelessness in ten years.
Ndjodi Ndeunyema During the recently concluded 48th Ordinary Session, the African Court on Human and Peoples’ Rights delivered a unanimous decision of significance to the African continent and beyond by determining that the right to nationality exists under customary international…
CRC/C/SYC/CO/5-6 Rights of the child to a name and nationality, to know and be cared for by his or her parents and to his or her identity 20.The Committee remains deeply concerned that no law has been enacted to ensure…
CEDAW/C/KEN/CO/8 Extract: Nationality 32. The Committee commends the State party on its decision to issue identity cards and title deeds to the Makonde and Nubian Peoples, and takes note of its declared intention to do the same for other stateless…
Action 7 of the Global Action Plan calls on States to ‘ensure birth registration for the prevention of statelessness’, as birth certificates provide key information that assists children to confirm or acquire nationality. The links between birth registration and the…
CRC/C/CMR/CO/3-5 Birth registration and nationality 18.The Committee welcomes the revision of the legal and institutional framework to ameliorate the birth registration process, including the establishment of the National Civil Status Office and the extension of the time limit to declare…
CERD/C/KEN/CO/5-7 Stateless persons 27.The Committee notes with interest the efforts made by the State party to register stateless individuals. However, the Committee is concerned at reports that some ethnic groups, including the Nubians, individuals of Somali descent and groups living…
By Bronwyn Davids Cape Town – The UN Committee of the Rights of the Child has castigated South Africa for not changing its Birth and Death Registration Act which discriminates against children born in this country to foreign parents. It…
In February, West Africa celebrated the 2nd Anniversary of the Abidjan Declaration, a regional commitment in support of the global campaign to end statelessness. Activities took place across the region, ranging from TV shows, University debates, press releases and visual…
Action 2 of the Global Action Plan calls on States to ensure that no child is born stateless. Only if statelessness among children is addressed will the objective of the Global Action Plan – to end all statelessness by 2024…
CRC/C/MWI/CO/3-5 Birth registration 17.While noting the enforcement in 2015 of the National Registration Act, the Committee is concerned that: (a)Births are registered before the mother is discharged from hospital in only 4 out of 28 districts; (b)There are delays in…