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  • Stateless Persons
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Number of results found: 2282

Committee on the Elimination of Discrimination against Women (CEDAW)

South Africa

42. The Committee recommends that the State party: (a) Facilitate access to birth registration and identity documents for women and girls living in rural areas and informal settlements in urban areas through affordable and easy procedures, including online and through mobile civil...

42. The Committee recommends that the State party:

(a) Facilitate access to birth registration and identity documents for women and girls living in rural areas and informal settlements in urban areas through affordable and easy procedures, including online and through mobile civil registration units, with a view to ensuring their access to basic services and COVID-19 vaccinations; and

(b) Amend the Births and Deaths Registration Act, 1992 (Act No.51) to ensure that children of undocumented women do not become stateless.

Nationality/Identity documentation Birth registration Gender Legislative/Judicial/Administrative action
Committee on Economic, Social and Cultural Rights (CESCR)

Kuwait

17. The Committee recommends that the State party take measures to expedite the implementation of its previous recommendations to find a permanent solution to the status of Bidoon, so as to enable them to fully enjoy their rights under the Covenant. 19. The Committee recommends that the...

17. The Committee recommends that the State party take measures to expedite the implementation of its previous recommendations to find a permanent solution to the status of Bidoon, so as to enable them to fully enjoy their rights under the Covenant.

19. The Committee recommends that the State party:

(a) Remove provisions from its laws that discriminate against women and girls, including provisions that restrict women from conferring their nationality to their non-Kuwaiti spouses or children and from passing on inheritance to their children;

33. The Committee recommends that the State party ensure access to health care for all without discrimination, including by putting in place administrative procedures to enable all Bidoon to obtain the identity documents required for such access. 

35. The Committee calls upon the State party to:

(a) Ensure that primary education is made available for free for all children in the State party, including non-Kuwaiti children, on an equal footing with Kuwaiti children, without discrimination, including for Bidoon children;
 

Protection/Enjoyment of rights Lack of documents/Access to documentation Gender Legislative/Judicial/Administrative action
Committee on Migrant Workers (CMW)

Azerbaijan

36. The Committee recommends that the State party, in accordance with its general comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights: (c)           Ensure that: (iv) In line with its human rights obligations,...

36. The Committee recommends that the State party, in accordance with its general comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights:

(c)           Ensure that:

(iv) In line with its human rights obligations, alternative measures to detention are considered and made use of before imposing detention measures. The Committee understands as alternatives to detention all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and which must be considered in the context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding arbitrary detention of migrants, asylum seekers, refugees and stateless persons;

46.         In line with joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, and in accordance with target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party:

               (a)          Ensure that all children of Azerbaijani migrant workers abroad and children born on the territory of the State party, in particular children born to migrants in an irregular situation and asylum-seekers, are registered at birth and issued personal identity documents and that it raise awareness on the importance of birth registration among them;

               (b)          Establish an effective statelessness determination procedure with specific procedural considerations and safeguards given the critical role of nationality for all people, including migrant workers and members of their families, and provide information, including statistics, in its next periodic report on the extent of the phenomenon.

Detention Identification and determination procedures (Forced) migration context Nationality/Identity documentation Born on territory Born abroad Birth registration Data Collection/Monitoring/Reporting
Committee on the Rights of the Child (CRC)

Czechia

21. The Committee recommends that the State party facilitate the acquisition of citizenship for children who would otherwise be Stateless, regardless of their parents’ citizenship, residence or marital status, and encourage parents of Stateless children to apply for citizenship on their...

21. The Committee recommends that the State party facilitate the acquisition of citizenship for children who would otherwise be Stateless, regardless of their parents’ citizenship, residence or marital status, and encourage parents of Stateless children to apply for citizenship on their behalf. The Committee also recommends that the State party consider withdrawing its declarations in relation to the Convention relating to the Status of Stateless Persons.

Born on territory International Instruments
Committee on the Rights of the Child (CRC)

Switzerland

21. Recalling its previous recommendations, the Committee recommends that the State party: (a) Ensure that all children born in the State party, irrespective of their parents’ legal status, have access to birth registration and are entitled to a nationality at birth, or subject to a...

21. Recalling its previous recommendations, the Committee recommends that the State party:

(a) Ensure that all children born in the State party, irrespective of their parents’ legal status, have access to birth registration and are entitled to a nationality at birth, or subject to a significantly reduced residence requirement if otherwise stateless, and that parents without regular residence status who register their children are not reported to migration authorities;

(b) Consider acceding to the Convention on the Reduction of Statelessness, the European Convention on Nationality and the Council of Europe Convention on the Avoidance of Statelessness in relation to State Succession.

Born on territory Birth registration International Instruments
Committee on the Rights of the Child (CRC)

Eswatini

33. Taking note of target 16.9 of the Sustainable Development Goals, the Committee reiterates its previous concluding recommendations and urges the State party to: (a) Harmonize civil registration laws with the Children’s Protection and Welfare Act; (b) Address administrative barriers to...

33. Taking note of target 16.9 of the Sustainable Development Goals, the Committee reiterates its previous concluding recommendations and urges the State party to:

(a) Harmonize civil registration laws with the Children’s Protection and Welfare Act;

(b) Address administrative barriers to birth registration, including by continuing its efforts to ensure a free, timely and simplified process and to establish a countrywide system of birth registration in health facilities and a system of e-registration;

(c) Increase public awareness about the importance and process of birth registration in communities, as well as incentives, including with the support of traditional authorities and religious leaders.

35. Recalling its previous concluding observations and taking note of target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party urgently finalize the reform of the legislation on nationality, including the adoption of the citizenship bill, and implement the national action plan on eradicating statelessness, to ensure that a child can derive nationality also from the mother and that children born in the State party are not at risk of being stateless.

Born on territory Birth registration Gender Legislative/Judicial/Administrative action
Committee on Migrant Workers (CMW)

Rwanda

38.         The Committee recommends that the State party:                (a)          Ensure that all children of Rwandan migrant workers born abroad are registered at birth and issued with identity documents at consular services, and that birth registration is facilitated and free of...

38.         The Committee recommends that the State party:

               (a)          Ensure that all children of Rwandan migrant workers born abroad are registered at birth and issued with identity documents at consular services, and that birth registration is facilitated and free of charge everywhere and under all circumstances, in accordance with target 16.9 of the Sustainable Development Goals;

               (b)          Raise awareness of the importance of birth registration among migrant workers and members of their families, especially those in an irregular situation;

               (c)          Set up clear statelessness determination procedures and ease access to citizenship, given the critical role that nationality plays in the treatment of all persons especially migrants workers.

42.       In line with the recommendations for addressing women’s human rights in the global compact for safe, orderly and regular migration, the Committee recommends that the State party: (...)

(c)           Ensure individual identity documentation is provided to all migrant women and girls and wives or partners of migrant workers, specifically with the aim of ensuring access to services required to protect and guarantee their rights.

Identification and determination procedures (Forced) migration context Access to nationality/Naturalization Nationality/Identity documentation Born abroad Birth registration

Myanmar

47. An estimated 600,000 vulnerable, stateless Rohingya still live in Rakhine State, including some 130,000 whom the government has confined to IDP camps in central Rakhine since 2012. The cumulative effect of the armed conflict, COVID-19, and attendant measures comprising curfews and other...

47. An estimated 600,000 vulnerable, stateless Rohingya still live in Rakhine State, including some 130,000 whom the government has confined to IDP camps in central Rakhine since 2012. The cumulative effect of the armed conflict, COVID-19, and attendant measures comprising curfews and other movement restrictions as well as mobile data/internet shutdowns, exposes already vulnerable populations (including IDPs in protracted situation and ongoing new displaced populations), to even greater risks, and significantly impacts access to livelihoods and essential services. While restrictions on movement affected all communities, the Rohingya faced additional obstacles/threats – for instance, when seeking safety or accessing life-saving services at night – due to pre-existing movement restrictions. The pandemic exacerbated longstanding prejudices and negative rhetoric against the Rohingya in Rakhine State (i.e. in relation to “illegal” cross-border movements) accompanied by increased calls for the Government to control the country’s borders.

55. No tangible progress was reported in improving the situation of the Rohingya with regard to their legal status and right to a nationality, or restoring citizenship in line with the Government of Myanmar’s endorsed Advisory Commission on Rakhine State recommendations. Without reform of the 1982 Citizenship Law, discrimination based on an applicant’s ethnicity – in both law and practice – continues to impede the acquisition of citizenship documentation among minority groups, with the Rohingya being the most affected.

56. Citizenship remains inaccessible to almost all Rohingya. The citizenship process continues to lack transparency and involve prohibitively high unofficial fees and burdensome evidentiary and administrative requirements. Recent trends also indicate that the Rohingya are being issued Naturalized citizenship even when eligible for full citizenship. Access to civil and citizenship documentation remains challenging countrywide, with ethnic and religious minority groups being the most, but not exclusively, affected. Several reports have highlighted numerous barriers faced by different groups across Myanmar in obtaining nationality documents, including logistical, gender-based, administrative, and cost, as well as parallel administrative systems in non-governmental controlled areas (NGCA). Measures aimed at improving access to citizenship documents, such as streamlined procedures and mobile missions, apply exclusively to persons from the 135 officially recognized ethnic groups, despite that the origins and legal nature of the “official” list remain dubious. The burden of proof rests fully on the applicant, and officers mandated to determine nationality have a high discretion on the type and number of documents that they can request the applicant to submit. This results in a complex, lengthy, time consuming, and at times arbitrary and discriminatory, process preventing disadvantaged and vulnerable groups from realizing their right to nationality.

60. In central Rakhine State, 130,000 people, the vast majority of whom are stateless Rohingya, 54 percent of whom are children, were confined to what can best be described as desolate internment camps. Under the best of circumstances, they had extremely limited access to healthcare, even before the onset of the COVID-19 pandemic. In total, an estimated 600,000 Rohingya live in Rakhine State under highly repressive conditions that severely limit their ability to move or make a living, let alone access health care or education for their children. Conditions for Rohingya in Rakhine State appear designed to be destructive to the survival of the community.

86. The Special Rapporteur’s recommendations after the restoration of a legitimate government include:

(e) Address the unresolved issues involving ethnic minority states and communities including justice for the Rohingya ethnic community;

(g) Lift all restrictions arbitrarily imposed and enforced on Rohingya that, taken as a whole, create conditions that are destructive to the Rohingya, including, but not limited to, restrictions on freedom of movement, health, education, livelihoods, and equal access to citizenship;

 

Protection/Enjoyment of rights Lack of documents/Access to documentation Remedy/Reparation Race/Ethnicity Legislative/Judicial/Administrative action
Committee on the Rights of the Child (CRC)

Tunisia

18. The Committee welcomes the repeal in 2020 of Circular No. 85 of 1965, which had prohibited the civil registration of newborns with an Amazigh or other non-Arabic name, but it is concerned about the administrative and judicial barriers faced by parents who do not register their children...

18. The Committee welcomes the repeal in 2020 of Circular No. 85 of 1965, which had prohibited the civil registration of newborns with an Amazigh or other non-Arabic name, but it is concerned about the administrative and judicial barriers faced by parents who do not register their children within 10 days of birth. Taking note of target 16.9 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Remove all administrative and financial barriers faced by children in gaining access to birth registration and receiving birth certificates, including by allowing for late registration without a judicial appeal;

(b) Ensure that all children, including migrant children, children with non-Arabic names and children who were born prior to the repeal of Circular No. 85 of 1965, have access to birth registration and identity documents, regardless of their parents’ residency status.

Nationality/Identity documentation Birth registration
Committee on the Elimination of Racial Discrimination (CERD)

Lebanon

17. Recalling the recommendation made in its previous concluding observations, the Committee invites the State party to bring its legislation into line with the Convention by amending the law on nationality to allow Lebanese women to pass on their citizenship to their foreign spouses and to...

17. Recalling the recommendation made in its previous concluding observations, the Committee invites the State party to bring its legislation into line with the Convention by amending the law on nationality to allow Lebanese women to pass on their citizenship to their foreign spouses and to their children at birth, without discrimination, on an equal footing with men.

19. In the light of its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee emphasizes that birth registration is a prerequisite for the exercise of a wide range of human rights. It recommends that the State party take measures to ensure that all children born in its territory are registered, regardless of their nationality or their parents’ residency status, with a view to preventing statelessness. The Committee also recommends that the State party ratify the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

39. In accordance with article 9 (1) of the Convention and rule 65 of its rules of procedure, the Committee requests the State party to provide, within one year of the adoption of the present concluding observations, information on its implementation of the recommendations contained in paragraphs 11 (national human rights institution), 13 (national human rights plan) and 19 (birth registration) above.

Birth registration Gender International Instruments Legislative/Judicial/Administrative action