INTRODUCTION
This article will show that despite the existence of international laws to prevent and protect stateless people, statelessness is a serious, overlooked and growing problem.4 The article will argue that international law in terms of enforcement is ineffective in terms of to this question. Finally, this article will revisit and recommend a once-used international network to identify stateless individuals and address this crisis.
WITNESSING STATELESSNESS FOR THE FIRST TIME
I learn that most children don't go to school.6 Not because they don't want to, but because they can't. I got to know many of the children on this street and started helping them on many outings. These children are stateless because their migrant mothers either brought them to Thailand when they illegally crossed the border themselves, or because their mothers gave birth to them after illegally entering the Thai border.8 Many of the children were interviewed.
In the cases of the children I met, it was the Akha language, a language spoken across Thailand, Laos, China and Burma. Since 1989, the military authorities in Burma have promoted the use of the name Myanmar as the conventional name for their state.
DEFINING STATELESSNESS
34;International law has traditionally given states broad discretion in determining the contours of citizenship and limiting access to it."'7. 34;People are vulnerable to statelessness when governments determine citizenship based on descent, race, ethnicity, or the whims of those in power. "'8 The risk of state sovereignty is that states can define citizenship with the intention of discrimination. against certain classes of people. For example, when an individual's country ceases to exist and there is no successor country.0 In the jurisdiction of UNHCR de jure .. who to include in the count of stateless persons.");.
117 (defining a stateless individual as "a person who is not considered to be a national of any State under its laws"). The 20:75 situation is recognized by both the 1954 Convention on the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.2 1.
D e Facto Statelessness
ENFORCEMENT OF INTERNATIONAL LAW
65 international instruments include: the Universal Declaration of Human Rights (UDHR); International Covenant on Civil and Political Rights (ICCPR); International Convention on the Elimination of All Forms of Racial Discrimination (CERD); the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); the Convention on the Rights of the Child (CRC); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW); and the Convention on the Rights of Persons with Disabilities (CRPD). Without functioning public justice systems to deliver the law's protections to the poor, the legal reforms of the modern human rights movement rarely improve the lives of those who need them most.6 8.
Although international law provides for the right to nationality, and a large number of countries have ratified one or more of these international instruments, the problem persists, even among countries that have ratified the aforementioned conventions against statelessness.69 One reason is that international law : generally silent about the procedures and criteria for establishing a nationality link between the state and the individual.7' States can thus claim that the inhabitants do not have the required link, which puts the state actor within the sphere of the treaty remains. In other words, the state would argue that it is not denying citizenship because the conditions are not met.
THEORIES OF CITIZENSHIP AND THE GENUINE AND
Jus soli can fail if the child's birth is not registered and the parents cannot prove on what basis the child was born.7 5 Jus soli can also fail in circumstances of ethnic discrimination, where the government refuses to recognize the nationality of a certain group. or the classification of individuals.76 Jus sanguinis may fail in cases where the child's parents are not citizens of any country.77. Indira Goris, Julia Harrington and Sebastian Kohn argue that a gap still exists in international law due to the perceived "silence" of international law on "procedures and criteria for establishing a civil bond between a state and an individual". 78 The authors further argue that jus soli and jus sanguinis "are essentially substitutes for the common-sense criterion for citizenship: where an individual is likely to live and therefore have a need and desire for citizenship and the security and rights that go with it."79 .
Mothers explained that they often could not prove the date or place of birth because they did not receive birth documents. 34; "Stateless children," said Kanchana Di, a program officer at the MAP Foundation, "are denied basic human rights from the moment of birth. They are denied birth registrations and certificates, which are essential to have access to basic education and health services".
Mothers were often unable to prove the date or place of their own birth or their own citizenship. It should be considered for codification and international acceptance and could be used as a last resort in cases where jus soli and jus sanguinis principles fail. Safeguards should be put in place to ensure that the principle of genuine and effective connection is not abused as a means of obtaining citizenship in the desired country.
Additional principles set forth in new conventions or treaties will continue to serve this good purpose. discussing the impact of Article 15 of the Universal Declaration of Human Rights in establishing the basic legal relationship between the individual and the state, and that citizenship is an essential prerequisite for the protection of human rights). 6) (holding that Nottebohm did not meet the requirements for real and effective citizenship in Liechtenstein despite having been naturalized there). After Nottebohm left Guatemala in 1943 as a result of war measures, he was then deemed not to have sufficient ties to Lichtenstein's traditions, interests, way of life and obligations to be considered a citizen.
Effects of Statelessness
RECOMMENDATIONS
Operative Recommendations
States and international development agencies should improve monitoring of the status of stateless persons through their embassies abroad and in their human rights and country reports; However, given past precedent, it seems historically unlikely that states will take further significant action on the issue of statelessness, particularly by ratifying Conventions on Statelessness, without significant international pressure. Governments will need to increase scrutiny of hospitals or incentivize them to change this practice.
Many of the villages or settlements where stateless people live are so far from regional government centers that it is impractical for those affected to seek help. Several organizations, such as the International Justice Mission, have successfully set up mobile registration clinics for stateless persons. Many states will likely have to make exceptions to their immigration policies to accommodate stateless people.
In many cases, stateless persons have explored the process of obtaining citizenship but have been held back by barriers such as cost and access. Many stateless people do not know if they are eligible and are charged substantial fees to begin the process of simply discovering their eligibility. Associated costs are not simply processing fees, but often include expensive trips to local government centers lasting several days at a time.
Barriers must be reduced, costs set at a reasonable rate (especially to discover one's eligibility), and access centers must be located within a reasonable area of the population they serve. In the remainder of this article, I will propose that measures be taken independently of nation-states to identify and document stateless persons. Therefore, the international law community should consider a new form of international identification of stateless people based on the spirit of the Nansen Pass and an application of the principle of genuine and effective connection.
A New International Identification Card
Stateless persons have cited the communication of this basic information as a first stumbling block on the road to establishing their identity, accessing basic rights and maintaining personal security. In the meantime, the card may allow greater freedoms such as freedom of movement and opening. An important advancement over the Nansen Passport system is that this modern identification network can be digitized with information available in the 'cloud'. The data would then be accessible to states around the world, which could also create real-time database updates as stateless persons travel.
It could also allow people to move around their country, travel internationally, and still access their bank accounts. One of the great dangers of traveling in the developing world is financial security. The network would help identify individuals and help suggest the names of those who are missing. Ill Cloud computing uses a network of remote servers on the internet to store data instead of storing data on local computers.
But it seems careless that stateless status would be an identity that would have much value in the open market. Steven Levy outlines the weaknesses in cloud computing, including the global infrastructure and regulatory framework. The universal identification network proposed in this article will help reduce corruption in the long term in three ways.
An international system such as the one described here would enable more accurate information on statelessness by automatically generating data on the stateless situation. This proposed system could also provide additional social benefits such as assisting in the identification and recovery of victims of human trafficking. Although there may be many other questions that need to be investigated before a global identification network for stateless persons can be created, we can take solace in the fact that this is not a new idea.
