DELTECH MUN AND DEBATING SOCIETY

MOCK SESSION II

BACKGROUND GUIDE
HUMAN RIGHTS COUNCIL

AGENDA: STATELESSNESS: FORMS AND RIGHTS OF STATELESS PERSONS

INTRODUCTION
Definition of Statelessness
Statelessness is a status that describes people who are not considered nationals by any state under its operational law. It occurs for a variety of reasons including discrimination against minority groups in nationality legislation, failure to include all residents in the body of citizens when a state becomes independent and conflicts of laws between states.

The Problem
Not holding proof of nationality or being "undocumented" is not the same as being stateless. However, lack of key identity documents such as a birth certificate can lead to a risk of statelessness. Many millions of people live their entire lives without documents, without their nationality ever being questioned. Two factors are of particular importance: a. is the nationality in question acquired automatically or through some form of registration; and, b. has the person ever been denied documents on the basis that he or she is not a national. If nationality is acquired automatically, then the person is a national regardless of documentation status (although in practice the person may face problems accessing certain rights and services not because he or she is stateless but because he or she is undocumented). If registration is required then the person is not a national until that has been completed. As a practical matter, the longer a person is undocumented, the greater the likelihood that he or she will end up in a situation where no state recognizes him or her as a national. Although many states allow for acquisition of nationality through parental descent irrespective of where the child is born, many still do not allow their female citizens to confer nationality to their children. This may result in statelessness where the father is stateless, unknown, or otherwise unable to confer nationality. There have however been recent changes in favour of gender neutrality in nationality laws in some parts of the world. Moreover, the

Convention on the Elimination of All Forms of Discrimination Against Women prohibits sex discrimination in conferral of nationality. An important measure to avoid statelessness at birth is to provide nationality to children born on the territory who would otherwise be stateless. This norm is stipulated in the 1961 Convention on the Reduction of Statelessness. It also appears in several regional human rights treaties, including the American Convention on Human Rights, the European Convention on Nationality, and the African Charter on the Rights and Welfare of the Child. This norm is implicit in the Convention on the Rights of the Child.

Some key definitions:

Citizenship - Citizenship denotes the link between a person and a state or an association of states. It is normally synonymous with the term nationality although the latter term may also refer to ethnic connotations. Possession of citizenship is normally associated with the right to work and live in a country and to participate in political life. A person who does not have citizenship in any state is said to be stateless. Global Citizenship- When the term citizenship is combined with the term "global", it typically defines a person who places their identity with a "global community" above their identity as a citizen of a particular nation or place. The idea is that ones identity transcends geography or political borders and that responsibilities or rights are or can be derived from membership in a broader class: "humanity". This does not mean that such a person denounces or waives their nationality or other, more local identities, but such identities are given "second place" to their membership in a global community. Transnational Citizenship - Transnational citizenship redefines traditional notions of citizenship and replaces an individual's singular national loyalties with the ability tobelong to multiple nation states, as made visible in the political, cultural, social and economic realms. Unlike national citizenship, where individuals interact in such capacities with one sovereign state, transnational citizenship transcends

pre-established territorial boundaries in order to create a modern meaning of "belonging" in an increasingly globalized society. Additionally, while preconceived notions of citizenship are often divided between national, social and individual forms of identity, all three categories serve to contribute to the meaning of transnational citizenship. State citizenship can be defined as an individual establishing their sense of belonging by espousing to the liberal-democratic values of the state in the public sphere. When applied to transnational citizenship, an individual would have the opportunity to be civically engaged in multiple societies. Natural Person- In jurisprudence, a natural person is a human being, as opposed to an artificial, legal or juristic person, i.e., an organization which is often treated at law as a fictitious person. Refugee- Quoting the 1951 Convention and Protocol Relating to the Status of Refugees, Art 1, Paragraph 2 As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. In the case of a person who has more than one nationality, the term the country of his nationality shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national. Asylum Seekers- International refugee law defines a refugee as someone who seeks refuge in a foreign country because of war and violence, or out of fear of persecution. Until a request for refuge has been accepted, the person is referred to as an asylum seeker only after the recognition of the asylum seekers protection and needs, he or she is officially referred to as a refugee and enjoys refugee status, which carries certain rights and obligations according to the

legislation of the receiving country.

INTERNATIONAL CONVENTIONS DIRECTLY PERTAINING TO STATELESS PERSONS AND THEIR PROTECTION

While statelessness has existed for several centuries, the international community has only been concerned with its eradication since the middle of the twentieth century. In 1954 the United Nations adopted the Convention relating to the Status of Stateless Persons, which provides a framework for protection of stateless persons. Seven years later, the 1961 Convention on the Reduction of Statelessness was adopted, which contains provisions to prevent and reduce statelessness. The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness are key legal instruments in the protection of stateless people around the world and in the prevention and reduction of statelessness. While they are complemented by regional treaty standards and international human rights law, the two statelessness conventions are the only global conventions of their kind.

1954 Convention relating to the Status of Stateless Persons

Key provisions In Article 1 of the Convention, the definition of a stateless person is set out: "For the purpose of this Convention, the term 'stateless person' means a person who is not considered as a national by any State under the operation of its law". Article 3 of the Convention on non-discrimination states that "The contracting States shall apply the provisions of this Convention to stateless persons without discrimination as to race, religion or country of origin".

In Article 28 the issue of travel documents for stateless persons is addressed. An individual recognised as a stateless person under the terms of the Convention should be issued an identity and travel document by the Contracting State. Article 31 states that stateless persons are not to be expelled save on grounds of national security or public order. Expulsions are, in principle, subject to due process of law. The Final Act of the Convention indicates that non-refoulement in relation to danger of persecution is a generally accepted principle. The drafters, therefore, did not feel it necessary to enshrine this in the articles of a Convention geared toward regulating the status of de jure stateless persons. Article 32 of the Convention regulates the issue of naturalisation. The Contracting State shall as far as possible facilitate the assimilation and naturalisation of stateless persons. They shall in particular make every effort to expedite naturalisation proceedings and to reduce as far as possible the charges and costs of such proceedings. The Final Act of the Convention recommends that each Contracting State, when it recognises as valid the reasons for which a person has renounced the protection of the State of which he is a national, consider sympathetically the possibility of according to the person the treatment which the convention accords to stateless persons. This recommendation was included on behalf of de facto stateless persons who, technically, still held a nationality but did not receive any of the benefits generally associated with nationality, such as national protection.

1961 Convention on the Reduction of Statelessness5

Key provisions Articles 1-4 of the Convention outline principles for the granting of nationality at birth to avoid future cases of statelessness. Articles 5-7 of the Convention include regulation on the loss or renunciation of nationality and stipulate that loss/renunciation should be conditional upon the prior possession or assurance of acquiring another nationality. Articles 5 and 6

include principles of family unity in the light of avoidance of statelessness. In particular, Article 6 contains a provision of non-discrimination against family members as to the loss of nationality. The issue of deprivation of nationality is dealt with in Articles 8-9. The basic principle is that no deprivation should take place if it will result in statelessness. Article 9 states that "A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds." Loss or deprivation of nationality may take place only in accordance with law and accompanied by full procedural guarantees, such as the right to a fair hearing by a court or other independent body. The issue of transfer of territory is addressed in Article 10. It follows from this provision that treaties shall ensure that statelessness does not occur as a result of transfer of territory. Where no treaty is signed, the State shall confer its nationality on those who would otherwise become stateless as a result of the transfer or acquisition of territory. Article 11 of the Convention was elaborated for the establishment, within the framework of the United Nations, of a body to which a person claiming the benefit of the Convention may apply for the examination of his/her claim and for the assistance in presenting it to the appropriate authority. The United Nations High Commissioner for Refugees has been requested, by the United Nations General Assembly, to fulfil this function. The Final Act of the Convention delineates definitions of words used in the Convention, as well as duties of the Contracting States. It recommends that persons who are stateless de facto should as far as possible be treated as stateless de jure to enable them to acquire an effective nationality.

CAUSES FOR STATELESSNESS

Nationality is a legal bond between a State and an individual, and statelessness refers to the condition of an individual who is not considered a national by any State under its law. Statelessness may arise as a result of State succession; the denial of a womans right to pass on her nationality to her children; automatic loss of citizenship from prolonged residence abroad; loss of nationality due to marriage to an alien; and deprivation of nationality as a result of discrimination. Conflict of nationality laws can be another cause of statelessness. Nationality is usually acquired through one of two modes: jus soli or jus sanguinis. Jus soli denotes a regime by which nationality is acquired through birth on the territory of the state. This is common in the Americas. Jus sanguinis on the other hand is a regime by which nationality is acquired from birth through descent usually through a parent who is a national. Today, many states apply a combination of the two systems. In some cases, statelessness is a consequence of state succession. Recent history has shown that some people have become stateless when their state of nationality ceased to exist, or when the territory on which they live came under the control of another state. This was the case when the Soviet Union disintegrated, and also in the cases of Yugoslavia and Ethiopia. In rare cases, individuals may become stateless when renouncing their citizenship (e.g. "World Citizen" Garry Davis). People who subscribe to voluntaryist or agorist beliefs may desire or seek statelessness. However, many states do not allow citizens to renounce their nationality unless they acquire another one. However, consular officials are unlikely to be familiar with all citizenship laws of all countries, so there may still be situations where renunciation leads to statelessness. Another cause of statelessness is the existence of non-state territories. As per the definition of a stateless person, only states can have nationals. As a result, people who are "citizens" of non-state territories are stateless. This includes, for instance, occupied territories where statehood has ceased to exist or never

emerged in the first place. The Palestinian Territories is one example, but also Western Sahara, Northern Cyprus may be considered as such, depending on the interpretation of statehood and sovereignty. Political Causes include most of above-administrative or restricted application of status of citizenship to people due to reasons that does not befit the political ambitions and requirements of the State. Ethnic This more generic a problem than the others as the name suggests many people are denied citizenship on the grounds off their ethnic identity or religious, racist identities. Conflict More often than not, conflicts generate a huge mass of people moving across borders. While in many cases they get registered as refugees or wait as asylum seekers, in many cases they are often denied citizenship or cease to belong to their former country for a variety of reasons(hostilities, cessation of the State to exist)

IMPACT OF STATELESSNESS ON STATELESS PERSONS

There are primarily two kinds of states, in the context of statelessness: Sympathetic States towards Statelessness Antagonist States towards Statelessness One must analyse the repercussions of being stateless under the following headings: Political no political rights, to vote, to participate in political processes, no fundamental rights enjoyed Legal not under any official jurisdiction, so bowled over across jurisdictions without a home State to protect. Economic No employment, sustainable future, chance at education and other welfare society benefits

Social social outcast, no sense of belonging to any society.

Statelessness also has a terrible impact on the lives of individuals. Nationality is a legal bond between the nation and the individual and the possession of it is essential for an individual to be able to enjoy his/her human rights. While human rights are generally to be enjoyed by everyone, selected rights such as the right to vote may be limited to nationals. Many more rights of stateless people are violated in practice. They are often unable to obtain identity documents; they may be detained because they are stateless; and they could be denied access to education and health services or blocked from obtaining employment. Stateless people face numerous difficulties in their daily lives: they can lack access to health care, education, property rights and the ability to move freely. They are also vulnerable to arbitrary treatment and crimes like trafficking. Their marginalization can create tensions in society and lead to instability at an international level, including, in extreme cases, conflict and displacement. Possession of nationality is essential for full participation in society and for the enjoyment of political rights, the right to obtain and travel on a national passport and the right to enter and reside in a country. In practice, nationality also facilitates enjoyment of the full range of human rights. Stateless people may be detained for the sole reason that they are stateless and denied access to education and health services, or prevented from obtaining employment.

SOLUTION TO COMBAT STATELESSNESS - UNHCR ORIENTED APPROACH

Following extensive consultations between Member States and the Office, in October 2006 UNHCRs Executive Committee adopted its most comprehensive conclusion yet on statelessness, with a sharp focus on the identification, prevention and reduction of statelessness and the protection of stateless persons. The conclusion provides detailed, action-oriented guidance to UNHCR and States.

It also emphasizes the importance of an inter-agency approach in addressing statelessness, stressing collaboration with the OHCHR, UNICEF, UNFPA and UNDP. Identification: Gather information on statelessness, its scope, causes and consequences. This is a prerequisite to guaranteeing protection and resolving nationality status. However, identification is a major challenge in itself. Political sensitivities, lack of awareness, the absence of appropriate methodology in many countries and the sheer magnitude of the problem impede compilation of accurate data. Prevention: Address the causes of statelessness and promote accession to the 1961 Convention on the Reduction of Statelessness. Statelessness is often caused by, and results in, long-standing discrimination. For example, minority groups are often viewed as outsiders or foreigners, even though they have lived in a country for generations. Sometimes people may become stateless or are unable to acquire a nationality because procedures are unnecessarily complicated or expensive. Similarly, they may not have sufficient information on how to register births, or register at consulates in the event of prolonged stay outside the country of nationality. In many cases conflicts between the laws of different States can only be resolved through bilateral or multilateral treaties or other forms of Stateto-State cooperation. Reduction: Support legislative changes and improvements to procedures to allow stateless people to acquire a nationality and help individuals take advantage of these changes. The only solution to statelessness is for stateless people to acquire citizenship. Some States have granted citizenship to entire stateless populations through amendments to nationality legislation or changes in policy. Others have opted to grant stateless persons an opportunity to acquire citizenship through facilitated naturalization. The most important development in 2012, with the potential to benefit a significant number of stateless persons, was an amendment by the Russian

Federation of its citizenship law. The amendment, which corresponded to a pledge made in 2011, seeks to address the situation of former citizens of the Soviet Union who have lived in the Russian Federation without nationality since 2002 and do not have a right to reside in another State. Protection: Intervene to help stateless people to exercise their rights and promote accession to the 1954 Convention relating to the Status of Stateless Persons. Enjoyment of fundamental human rights. According to international law, an individuals enjoyment of human rights is not dependent on possession of nationality. In practice, however, stateless persons are often denied their fundamental rights. In addition, they may not even be able to register births and marriages, and often cannot sign contracts or open bank accounts. Such situations are of particular concern when they are perpetuated across generations. Though it is incumbent on States to protect the rights of stateless persons, such protection does not eliminate statelessness.

CURRENT CONFLICT ZONES

Sudan and South Sudan Libya Palestine Somalia Myanmar Bangladesh Afghansitan Sri Lanka Israel

QUESTIONS TO CONSIDER WITHIN THIS AGENDA

1. Why is being Stateless a problem?

2. What does being a citizen mean, and why is the lack of citizenship such a problem? In terms of access to benefits, rights, jurisdiction, legal services, no protecting State apparatus, indefinite mobility? 3. No apparatus to protect? 4. Qualifications to be a refugee-standardized? IS thats what is causing so much statelessness? 5. Detention of stateless people, whose jurisdiction? 6. Discrimination in terms of access to basic amenities. 7. A separate document or body or organisation needed to directly administer stateless populations of the world and protect them? 8. Positive developments and recommendations to deal effectively with the challenge of statelessness. Good Practices, take them forward? 9. How can statelessness be avoided? 10. Citizenship: A sovereign issue? In whose eyes is a person stateless? Eg. Palestine. Does it matter? 11. Can UN recognize a person as an international citizen if any sovereign state does not? 12.Identification and statistically tracing identified individuals who are stateless? 13. Is Global citizenship the solution?

USEFUL LINKS
http://www.equalrightstrust.org/ertdocumentbank/UNRAVELLING%20AN OMALY%20sma ll%20file.pdf Unravelling Anomaly (entire report-Brilliant stuff) http://www.unhcr.org/pages/49c3646c158.html http://www.unhcr.org/pages/49c3646c16a.html http://www.unhcr.org/4cb2fe326.html _international Law http://www.unhcr.org/4dfb592e9.html - Central Asia http://www.unhcr.org/4d7de5ec9.html - SE Asia http://www.unhcr.org/4d7de47f9.html - Good Practices, SE Asia http://www.unhcr.org/4ce5019f6.html - Middle East and North Africa http://www.unhcr.org/4cbc60ce6.html - Citizenship law in Africa

http://www.unhcr.org/4e8338d49.html - Kenya