The Battle Against Statelessness

Imagine having no country to call your own. For an estimated 12 million people around the world, that is a daily fact. Individuals who are not considered nationals of any country have no written rights. This means no access to health care, no chance to vote, no property of your own, and often no education.

A person may become statelessness for many reasons, including due to, the denial of citizenship (minority discrimination), state failure or fission, absence of documentation, forced migration, and nationality laws.  On December 7th the largest conference on refugees and stateless people in UNHCR’s 60 years was held at the Palais des Nations in Geneva, with some 145 countries participating.  The conference is the culmination of political and diplomatic efforts conducted over many years by UNHCR; they seek to rally support and commitment for legal treaties enabling the UN refugee agency to provide protection and assistance to refugees and stateless persons across the globe.  2011 also marked the 60th anniversary of the 1951 Refugee Convention, as well as the 50th anniversary of the 1961 Convention on the Reduction of Statelessness.

At the landmark meeting, United States Secretary of State Hillary Clinton urged countries to analyze and amend the largest cause of statelessness, nationality laws. Many of these laws unjustly discriminate women and girls, leaving them vulnerable to human trafficking and sexual exploitation.  Clinton said globally, at least 30 countries prevented women from acquiring, retaining or transferring citizenship to their children or their foreign spouses. In some cases, nationality laws strip women of their citizenship if they marry someone from another country.

“In this compromised state, women and children are vulnerable to abuse and exploitation, including gender-based violence, trafficking in persons, and arbitrary arrest and detention.  That hurts whole societies – because when women are given the opportunity to participate equally, they contribute to their countries democratic governance, peace and stability and economic development.” Clinton told ministers attending a meeting of the U.N. refugee agency, UNHCR, in Geneva (GovNews).

Another major battle to be fought against statelessness working to increase birth registrations, as I wrote here.  A child’s first access to human rights comes with their birth registration, it is the key to the future.  Without a birth certificate a child is left to wander through life vulnerable to abuse and victimization.  In developing countries, the number birth registrations is often low.  According to UNICEF, in 2008 alone an estimated 51 million babies, more than two fifths of those born worldwide, were not registered at birth.

The need to address statelessness and birth registration are key in the battle to protect the basic human rights of millions and bring a sustainable end to the fight against modern slavery.  The simple recognition of birth and state can safeguard the most vital of all human rights.  Without birth registration or recognition by a state, children are without an official identity, they have no recognized name or nationality- in legal terms they do not exist. With no document to provide proof of their age or who they are, they are likely to be discriminated against and denied access to basic services such as health and education.