UNHCR also actively participated in the drafting of the two global statelessness instruments – the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Discrimination (CERD) (1965), which obliges States Parties to guarantee racial equality in the enjoyment of the right to nationality.
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They regularly get caught up in immigration backlashes and end up in the revolving door of 'informal'. There is no political will for the Rohingya to be accepted as Burmese citizens in the foreseeable future.
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Individuals had not been informed that participating in the referendum would amount to renouncing their Ethiopian citizenship. In July 1999, the Ethiopian government declared that all those deported to Eritrea were Eritrean citizens who had acquired citizenship by voting in the 1993 referendum.
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The 2006 Council of Europe Convention on the Avoidance of Statelessness in Relation to Succession of States is rooted in the idea that “the avoidance of statelessness is one of the main concerns of the international community in the field of nationality.” Resolving citizenship issues should have been a top priority when both countries established provisional governments in 1991.
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The vast majority of Nubians in East Africa are descendants of Sudanese ex-soldiers in the British Army. The British also ensured that the Nubians owned only temporary structures on the land they occupied.
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Birth registration systems must be flexible in recognizing the difficulties and differences in people's lives. In remote rural areas, decentralized birth registration systems and mobile registration can help improve accessibility.
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Leonidas Trujillo ordered the military to carry out a massacre of Haitian nationals and Dominican-Haitians in the border provinces. It continues today, but has broadened its focus to include Haitian migrants and their descendants in the country as a whole.
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The challenge of preventing statelessness has also appeared on the back of the climate change agenda, acknowledging that. One stems from the transformation of the Westphalian state2 into more inclusive models of political organization. In many parts of the world, statelessness has become closely associated with the treatment of minorities and the right to non-discrimination.
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Iraq's former government decided in 1980 to strip a significant portion of the Faili Kurds of their nationality; it is estimated that up to 220,000 of them were rendered stateless in the process. In Latvia, the Law on Citizenship passed after independence stated that only persons who were citizens of the country in 1940 and their descendants were to be considered citizens at independence. In February 2009, the Grand Chamber of the European Court of Human Rights found that one such person, Natalija Andrejeva, should not be discriminated against with regard to her state pension "in the only state with which she has any stable legal ties and thus the only state which objectively can assume responsibility for her in terms of social security”.
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Many people displaced in Nepal during the violent years of Maoist insurgency face almost insurmountable difficulties in obtaining a citizenship certificate. The Norwegian Refugee Council3 worked through its information advice and legal assistance project to help IDPs secure important replacement documents – but replacing the citizenship certificate is difficult and usually requires an expensive and sometimes dangerous trip to the district headquarters of origin. In 2006, an initiative supported by the Finnish embassy recommended that the citizenship certificate be issued to all native Nepalis on the recommendation of their ethnic organization – which seems to advocate a form of the principle of jus connexionis (right to connection) over jus soli and jus sanguinis .
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Apart from the ways in which any person can become stateless, a child in particular can become stateless when a family migrates from a country where citizenship is transferred by jus sanguinis; a child is entitled to citizenship of the parent's country of origin, but may not always have access to it and may instead become de facto stateless in the country where the child grows up. Birth registration is the state's official proof of a child's birth and the first government acknowledgment of a child's existence. Since a child born to a divorced Kuwaiti woman or widow can theoretically acquire citizenship, there is an incentive to divorce in the best interests of the child.
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It is therefore extremely difficult for refugee children to follow in the footsteps of their parents or find relevant official documents. That is, for most children of Vietnamese and Lao refugees, it is often very difficult to prove their ties to Vietnam or Laos more than 50 years after their parents fled. However, children of refugees who had come to Japan illegally cannot return to Thailand to apply for Thai citizenship.
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This rigid policy also underlies the Israeli approach to non-Jewish stateless persons.1 Under Israeli law, stateless persons reside illegally in Israel. Later, the Court of Administrative Affairs ruled that the Ministry of the Interior should encourage stateless persons to apply to the Ministry for formalization. Only in recent years has Israel recognized that there is a problem of stateless people living in Israel; However, this has not prompted the state to recognize the needs of stateless persons or to develop appropriate solutions.
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The Arab-Israeli conflict has today produced one of the largest stateless refugee communities in the world, as a result of the mass movement of Palestinians to other states after the wars of 1948 and 1967. It is difficult to give exact figures for the number of people stateless in the Arab region. However, it is widely acknowledged that the number of stateless persons in the Arab region is one of the highest in the world.
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De facto stateless persons can also find themselves in detention and in the same kind of legal limbo. UNHCR and others have expressed the view that stateless persons should not be detained simply because they are stateless. The Equal Rights Trust documents the detention and physical restraint of stateless persons around the world, and develops a legal advocacy strategy based on the universality of human rights principles.
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Part of the former village was temporarily used as a Muslim cemetery by the municipality, which then offered the displaced Roma the opportunity to settle in a secluded area nearby, where no neighbors would complain about having Roma families living nearby. 6 This reflects a misfortune. If they become aware of the implications of statelessness, they are likely to be more proactive in seeking a solution to their situation. The views in this article are personal and do not represent the official position of the OSCE.
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For example, a Roma-run NGO, ARKA,5 is funded by the Swedish Helsinki Committee to help individuals obtain documents showing their registration from authorities across the Balkans and sometimes from further afield, for example where individuals are born in EU countries while their parents were (temporary) migrant workers. Special thanks must go to Tilde Berggren of the Swedish Helsinki Committee (http:// .shc.mediaonweb.org/en/1/). The Former Yugoslav Republic of Macedonia' (or FYROM) is used in international forums such as the United Nations.
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- Awareness raising
- Visibility
- Identification
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- Protection status
- A durable solution
Consequently, statelessness legislation should determine the range of countries to which the applicant's citizenship must be tested (such as country of birth, of previous residence and where family members live). In addition, the burden of proof must be shared between the applicant and state authorities. The applicant's main procedural obligation should be to cooperate with the authority, not to provide all necessary evidence.
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In this account, common to both traditional liberal and radical democratic approaches, all people who are under - or subject to - the laws of a particular state must be members of that state. Everyone living within the territorial boundaries of the state must have access to citizenship and the corresponding rights. The idea of subjection, for example, seems more inclusive than membership of society, since its basis for inclusion appears to apply the moment a non-citizen sets foot on the territory of the state.
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At the national level, institutional arrangements for the protection of the human rights of IDPs in disasters are weak. The international community must recognize "disaster IDPs" - and create new institutional arrangements to protect their human rights. At the international level, the UN Secretary-General's Representative on the Human Rights of IDPs has added IDPs uprooted by disasters to the concerns of his mandate.
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In the immigration debate, Europe's economic and demographic interests are of course important, but a human rights approach to policy reform is needed above all. There is a lot of debate going on about relaxing the provisions of Dublin II, especially in the context of how best to ease the pressures they put on the countries on the EU's eastern and southern borders. At the end of 2007, the Council of Europe estimated that as many as 5.5 million migrants with an irregular status live in the EU.
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Circulation – the repeated movements of people between two countries – will require the adoption of provisions aimed at supporting the temporary return of circulating migrants and creating conditions to support their reintegration. The 'Three Delays' model provides a framework that explains why women die in pregnancy.2 The first delay is the time it takes for the family or community to recognize the need to seek medical intervention. Some respondents encouraged us to seek out more authors and have more topics or articles from the 'south'.
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