NATIONALITY: A FUNDAMENTAL HUMAN RIGHT“No one shall be arbitrarily deprived of his nationality, nor denied the right to change his nationality.” --
1948 UN Declaration of Human Rights
“My only
crime is that I am not a citizen of any country.” Tom Chu is a
28-year-old Chinese from Sri Lanka now studying abroad. “I am treated
with suspicion at the immigration checkpoints no matter where I go, all
due to my statelessness.” Tom told RI, “I was under the impression the
UN passed an international law, Convention on the Reduction of
Statelessness, requiring nations governed by international law to abide
by this and provide citizenship to those who are stateless. I suppose
Sri Lanka either doesn’t comply or the Constitution somehow supersedes
such laws.”Tom adds, “The older generation of Chinese isn’t affected much because they became traders or craftsmen and are happy living a peaceful life in Sri Lanka. Now, though, most of the 2nd and 3rd generation Chinese, me included, can no longer ignore the fact we are stateless. With the world becoming smaller, travel due to work is common, and a big hassle for us. Have you ever been taken to an interview room at a check point? I have. I sat there with others who have either forged documents or no documents. My crime is carrying an identity certificate in lieu of a passport. We have no voting rights, and no protection when traveling overseas. As human beings, aren't we entitled to be able to build our own homes?” Tom’s case draws attention to the need to put statelessness in a proper historical, legal, and human rights context. After World War II, the need to regulate the legal status of stateless persons, and reduce cases of statelessness, was recognized. One result was Article 15 in the 1948 Universal Declaration of Human Rights, which states that “Everyone has the right to a nationality” and “No one shall be arbitrarily deprived of his nationality, nor denied the right to change his nationality.” The subsequent European Convention on Human Rights does not directly regulate acquisition or loss of citizenship, but decisions about citizenship are subject to its requirements. The word nationality (membership in a nation) is often, although not always, used synonymously with citizenship (member of a state). They are categories states use to define membership. They also provide a legal connection between an individual and a state, serving as a basis for certain rights, including the state’s right to grant diplomatic protection and representation on the international level. A stateless person is someone who, under national laws, does not have the legal bond of nationality with any state. Where possible, naturalization, the process by which non-nationals receive citizenship, is the key to reducing the problem of statelessness. It enables people to secure employment, utilize public services including access to education and health services, participate in the political process, move about freely, avoid labor exploitation, and have access to the judicial system. Legal reference points for statelessness are the 1954 Convention Relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness. Originally intended as a Protocol to the 1951 Convention Relating to the Status of Refugees, the 1953 Convention was adopted to cover stateless persons who are not refugees and covered by the 1951 Convention. It is the primary international instrument to regulate the legal status and treatment of stateless persons. It does not apply to persons about whom there is serious reason to consider they have committed a crime against peace, a war crime, a crime against humanity, acts contrary to the purpose and principles of the United Nations, or a serious nonpolitical crime outside the country of their residence. The main goal of the 1961 Convention is to help avoid statelessness. It is the only international instrument which outlines specific ways to identify a person’s nationality where statelessness would result otherwise. At present, 57 states are party to the 1954 Convention Relating to the Status of Stateless Persons, and 29 states are parties to the 1961 Convention on the Reduction of Statelessness. In addition to the 1954 and 1961 Conventions, a number of other international instruments touch on the right to a nationality: the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, the Convention on the Elimination of Discrimination Against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Nationality of Married Women, and the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws. The UN Convention on the Rights of the Child (CRC), Article 7(1) states that “national governments must register children immediately after birth, and children enjoy the right from birth to acquire a nationality.” It requires that governments protect that same right as children mature and that a government must place its international obligation to protect children's right to nationality ahead of other national considerations. The CRC also states that a national government has a duty to grant a child born in its territory citizenship if the child is not recognized as a citizen by any other country. The International Covenant on Economic, Social, and Cultural Rights protects the rights of everyone, regardless of citizenship, to work (Article 6); labor under just and favorable conditions (Article 7); establish trade unions (8); have social security (9); enjoy an adequate standard of living, and the continuous improvement of living conditions (11); attain the highest standard of physical and mental health (12); access education (13), and participate in cultural life (15). The Migrant Convention protects migrant workers and their families, but does not generally include employees of international organizations, foreign development staff, refugees, stateless persons, students, and trainees. It provides for, among other things, the right of a child to a name, birth registration, and nationality, and equal access to public education (30). Regional instruments, such as the 1997 European Convention on Nationality, also contribute significantly to protecting the rights of stateless persons. The document underlines the need of every person to have a nationality, and seeks to clarify the rights and responsibilities of states in ensuring individual access to a nationality. When human rights are violated, the doors to creating statelessness are opened. And statelessness is at the nexus of human rights and displacement. Here is how it happens. |
Nationality: A Fundamental Human Right No Right to Reside: Conditions that Create Statelessness No Country to Call Home: The Scope of Statelessness Whose Job Is It Anyway? UNHCR’s Second Mandate “Citizen,
Third Class”: Findings from RI’s Statelessness Project Global Review of Statelessness --------------- |
 |
|
Lives on Hold: Nationality - A Fundamental Human Right
Search
Stay Informed
Resources
What I can do to help
Your support helps us save lives throughout the world.
Ways You Can Help
Photo Gallery
ViewAct Now!
|
|