New Resources Available, December 13, 2023

Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) published the Resolution on the right to nationality, prohibition of arbitrary deprivation of nationality, and statelessness in order to guide States, civil society organizations, international organizations, and other relevant actors in fulfilling their international obligations in this field. This publication was produced jointly with the United Nations Refugee Agency (UNHCR).

Across seven sections, the Resolution incorporates generally applicable cross-cutting principles; develops the scope of protection of the right to nationality, the modalities for its acquisition and loss, and obligations regarding the prohibition of arbitrary deprivation. It also describes obligations to prevent, reduce, and eradicate statelessness, and includes provisions for the protection of people who are in a situation similar to stateless persons.

The document also sets out due process guarantees in proceedings related to protection of the right to nationality and the prevention, reduction, and eradication of statelessness. Finally, it encourages States to accede to the relevant international treaties. It is worth noting that this resolution complements IACHR Resolution No. 04/19 containing the Inter-American Principles on the Human Rights of Migrants, Refugees, Stateless Persons, and Victims of Trafficking in Persons.

The Resolution is the result of the IACHR's work in recent years, during which it has observed with concern challenges related to the protection of the right to nationality. In particular, it points to the adoption of judicial decisions that have affected the right to nationality retroactively, as well as the implementation of arbitrary nationality deprivation procedures that do not ensure due process guarantees.

In addition, it has identified cases in which people have been denied return to their country of nationality. It has also warned about challenges in migration and forced displacement contexts. Difficulties in accessing regular migration status and valid identity documents proving nationality increase the risk of statelessness across the continent, especially for boys and girls born in contexts of human mobility. Finally, the existence of discriminatory laws between men and women regarding the transmission of nationality is also a cause of statelessness.

The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate arises from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote observance and defense of human rights in the region and acts as an advisory body to the OAS in this field.

The United Nations High Commissioner for Refugees (UNHCR) is the UN agency charged with protecting refugees and people displaced by persecution or conflict, and promoting durable solutions to their situation. It is headquartered in Geneva, Switzerland, and has more than 18,800 staff in over 130 countries, approximately 91% of whom are based in the field.

No. 290/23

https://www.oas.org/es/CIDH/jsForm/?File=/es/cidh/prensa/comunicados/2023/290.asp