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Institute on Stateless and Inclusion The World’s Stateless children Institute on Statelessness and Inclusion January 2017 a - The Institute on Statelessness and Inclusion is an independent non-profit organ isation dedicated to promoting an integrated, human rights based response to the injustice of statelessness and exclusion. Established in August 2014, it is the first and only global centre committed to promoting the human rights of stateless persons and ending statelessness. Its work combines research, education, human status.rights advocacy, field and network building, and awareness raising. The Institute is incorporated in the Netherlands, where it has Public Benefit Organisation (PBO) © Institute on Statelessness and Inclusion , January 2017 [email protected] - www.institutesi.org Cover photo © Saiful Huq Omi The photograph was taken a day before Yunus – a stateless Rohingya refugee - left his nine-month pregnant wife Megum (name changed) in Bangladesh along with their son and allowed himself to be trafficked to Malaysia. A week later, she received the news that his boat had capsized in the rough sea and everybody on board had died. Soon after, Begum gave birth to their second stateless son. Published by: Wolf Legal Publishers (WLP) ThePO Box Netherlands 313 5060 AH Oisterwijk Email: [email protected] www.wolfpublishers.nl AllISBN: rights 9789462403659 reserved. No part of this publication may be reproduced, stored in a retrieval system, translated or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the Institute on Statelessness and Inclusion. Whilst the authors, editors and publisher have tried to ensure the accuracy of this publication, the publisher, authors and editors cannot accept responsibility for any errors, omissions, misstatements, or mistakes and accept no responsibility for the use of the information presented in this work. - DISCLAIMER: All contributions in this publication reflect the views of their respec tive authors. They do not necessarily reflect the views of the institutions they work for or are affiliated with, nor of the Institute on Statelessness and Inclusion or the other authors who have contributed to this report. All text with no attribution has been drafted by and reflects the views of the Institute. To all the children in our lives, very specially to Lexi, Ayaana, Dylan and Uti TABLE OF CONTENTS Foreword 1 Acknowledgements 3 Chapter 1: Introduction 9 State of the World’s Stateless by Melanie Khanna by Catherine Harrington 11 Global Campaign for Equal Nationality Rights 18 Chapter 2: Africa 21 1. Stateless persons in Africa 21 2. Regional standards 23 3. Identification for Development (ID4D) and regional passports 26 4. Breaking ground in West Africa: the Abidjan Declaration 27 by Liesl Muller 5. Country profiles: Cǒtes d’Ivoire, Kenya, Madagascar, South Africa 29 6. The Citizenship Rights in Africa Initiative (CRAI) 39 Chapter 3: Americas 41 1. Stateless persons in the Americas 41 2. Regional standards 42 3. The Brazil Plan of Action 44 4. Indigenous and border populations 47 5. Country updates: the Bahamas, Canada, Colombia, The Dominican Ivonne Garza Republic, the United States 48 6. Americas Network on Statelessness and Nationality by 54 Chapter 4: Asia and the Pacific 57 1. Stateless persons in Asia and the Pacific 57 2. Regional standards 59 3. Civil Registration 61 4. Country updates: Kyrgyzstan, Malaysia, Myanmar, Nepal, Thailand 63 by Azizbek Ashurov and The Statelessness 5. Civil society networksby in Davina the Asia-Pacific Wadley region: The Central Asian Network on Statelessness Network Asia Pacific 70 Chapter 5: Europe 73 1. Stateless persons in Europe 73 2. Regional standards 75 3. Europe’s ‘refugee crisis’ 79 4. Growing engagement by the European Union 83 by Chris Nash 5. Country profiles: Bulgaria, Estonia, Italy, The United Kingdom 85 6. The European Network on Statelessness (ENS) 92 Chapter 6: Middle East and North Africa (MENA) 95 1. Stateless persons in the MENA 95 2. Regional and international standards 98 3. Displacement and statelessness 99 4. Arbitrary deprivation of nationality in the Gulf region 100 5. Gender discrimination in nationality laws 101 6. Country updates: Iraq, Kuwait, Lebanon 102 7. Increased momentum on the issue 105 Chapter 7: Introduction 109 by Jacqueline Bhabha by Greg Constantine The importance of nationality for children 112 We see you 120 Chapter 8: The right of every child to a nationality 123 Introduction 125 by Maria Jose Recalde Vela An interview with Benyam Dawit Mezmur, Chairperson of the United Nations Committee on the Rights of the Child 130 by Praxis Serbia Using the CRC to help protect children from statelessness in Serbia by Praxis Serbia 140 Erduan – an interview 143 by Francesco Cecon Advancing children’s right to a nationality through the UN Committee on the Rights of the Child 146 by Hernan Vales Activating the CRC - tools for civil society engagement 157 by Amal de Chickera Human rights and stateless children 163 The boy 167 by Peggy Brett Discrimination and childhood statelessness in the work of the UN human rights treaty bodies 169 by Betsy L. Fisher Gender and birth status discrimination and childhood statelessness by Thomas McGee 185 Axin – an interview 189 by Bernadette Habib Using the UN System to advocate for nationality law reform in Lebanon 191 by Francisco Quintana Using the Inter-American regional framework to help stateless children in the Dominican Republic 195 by Mustafa Mahmoud Yousif Using the African regional framework to realise children’s right to by Mustafa Mahmoud Yousif nationality in Kenya 198 Sultan – an interview 201 Chapter 9: Migration, displacement and childhood statelessness 203 Introduction 205 by Jyothi Kanics Migration, forced displacement, and childhood statelessness by Helen Brunt 209 by Monica Sanchez The stateless Rohingya 223 Bermudez Accessing documents, preventing statelessness by Zahra Albarazi 226 by Thomas McGee Syria’s displacement crisis, statelessness and children 233 Stateless refugee children of Syria - interviews 239 by Gábor Gyulai The long-overlooked mystery of refugee children’s nationality 242 and nomadic children by Heather Alexander The open sky or a brick-and-mortar School? Statelessness, education by Alice Sironi and Michela 248 Macchiavello Preventing statelessness of migrant children 256 studies from the Netherlands by Laura Bosch Birth registration problems in complex migration contexts – case 265 by Lilana Keith Risks of statelessness for children of undocumented parents in Europe 267 Chapter 10: The Sustainable Development Agenda and childhood statelessness 275 Introduction 277 Stateless at sea by Helen Brunt Statelessness, human rights and the Sustainable Development Agenda 281 290 by Betsy Apple and Laura Bingham The SDGs: An opportunity to leave no stateless child behind The SDGs and childhood statelessness by Tendayi Bloom 295 by Bronwen Manby 304 by Anne-Sophie Lois “Legal identity for all” and childhood statelessness 313 by Plan International Every child counts 327 by Semegnish Asfaw Meet the children assisted 331 Churches advocating for birth registration 333 Chapter 11: Safeguards against childhood statelessness 337 Introduction 339 statelessness by Laura van Waas International and regional safeguards to protect children from 342 A nationality for Denny 356 by Ayalew Getachew Assefa Safeguards against childhood statelessness under the African human rights system 359 Mapping safeguards in Europe 368 by Laura Parker Foundlings in Côte d’Ivoire 369 by Sanoj Rajan Reflecting on the lost children of Côte d’Ivoire 371 by Laurel International surrogacy arrangements and statelessness 374 Townhead Preventing childhood statelessness of children of prisoners 385 by Juliana Vengoechea Barrios Do jus soli regimes always protect children from statelessness? Some reflection from the Americas 393 practice by Liesl Muller Making safeguards work: A perspective from South African legal by Tini Zainudin 401 Stateless and invisible 407 Chapter 12: Litigation and legal assistance to address childhood statelessness 409 by Adam Weiss Introduction 411 by Nicole Garbin Strategic litigation to address childhood statelessness 416 and Adam Weiss An Italian recipe for reducing childhood statelessness 424 byOut Elena of limbo: Rozzi Promoting the right of undocumented and stateless Roma people to a legal status in Italy through community-based paralegals 427 Landmark case notes from Africa and Europe 430 by David Baluarte The perpetuation of childhood statelessness in the Dominican Republic by Allison Petrozziello 434 Stateless children of the Dominican Republic 447 by Delfina Lawson and Macarena Rodriguez The role of Legal Clinics and local communities in securing the right to by Delfina Lawson and Macarena Rodriguez a nationality in Chile 452 by Ferghana Lawyers Estela visits the Legal Clinic 455 by DHRRA Mobile legal services and litigation in Kyrgyzstan 457 Malaysia Legal action to address childhood statelessness in Malaysia by DHRRA Malaysia 460 The struggle for documentation: A family story 465 Chapter 13: Mobilising to address childhood statelessness 469 Introduction 471 Mobilisingby to Chris address Nash childhood statelessness: The experience of the European Network on Statelessness through its #StatelessKids by Katarzyna Przybyslawska campaign 474 Schools outreach in Poland 490 by Catherine Excerpts from the ENS Schools Outreach Toolkit 492 Harrington Campaigning for gender equality in nationality laws by Subin Mulmi
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