The UNHCR take a big role by have been increasing motivated to solve this problem. According to the research ‘Statelessness and Human Rights : The role of The United Nations High Commissioner for Refugees (UNHCR)’ by Andrés Ordoñez Buitrago, EAFIT University. It is identified that the work of the UNHCR towards stateless persons has the following four key areas involving, identification, prevention, reduction and protection. With the assistance of the UNHCR, some states have been able to efficiently reduce the cases of statelessness and moreover, they have enhanced the human rights predicament in their countries like
In order for UNHCR to carry through with its statelessness mandate, it has been assigned with the mission of protecting and assisting stateless populations, providing advanced legal and humanitarian aid especially in cases where the States concerned fail to do so. Through a series of Conclusions, the UNGA reiterates the UNHCR’s mandate to identify, prevent and reduce statelessness around the world and calls on the agency to work closely with Governments in order to provide technical support and to encourage States to accede to the Statelessness Conventions. UNHCR is also sharing important data, shedding light on statelessness as a whole. Positively, the agency is doing significant work on gathering statistics and reporting on the numbers
Moreover, he studies the development of the environmental refugees protection as a result of the new attitudes of the international community. This source is useful for the thesis because it studies one of the important defects of the convention which is the narrow refugee definition (MacNamara, 2007). My study will utilize this analysis to discuss the protection of the UNHCR as a separate institution from the CR and connect this analysis to the cooperation between Jordan and UNHCR. Meanwhile, Phuong studies the state’s responsibility to protect in international law including the extent to admit and to protect the refugees, legal framework and gaps of this responsibility. Phuong assess the CR through the assessment of the state responsibility, which is one of the important principles, and at the same time, one of the limitations of the CR.
II. CAUSES OF STATELESSNESS The UNHCR identifies three main causes of statelessness. They are – incongruences in nationality laws, redrawing of borders and ethnic and racial discrimination. A. INCONGRUENCES IN NATIONALITY LAWS Citizenship laws are one of the most important laws for a nation as they determine who all will be governed and protected by the authorities in a nation thus these laws need to be complex and varied. But these complex and varied citizenship laws can also give rise to statelessness.
The statelessness issue is usually comes as a result of legal or political issue. Unfortunately, it has a highly negative impact especially on children, women, old people, and ethnically diverse people. Therefore, it has serious negative humanitarian effects for those who have no state, for example, they do not have any legal protection or any right to political participation, rather thanextreme poverty, inadequate and poor access to healthcare and education, highly travel restrictions, complexity to own property, sexual and physical harassment or violence, and poor employment prospects. States have the sovereign right to decide the processes and conditions for acquirement and suspension of citizenship, however statelessness and disputed nationalities can
This source ends with the challenges facing this system and the adequacy to meet these challenges (Gallegher, 1989). Gill has two interesting studies regarding the international system when he studies the international protection of refugees in terms of legal instruments and rights granted for refugees. The second part studies the refugee definition’s elements and scope. The third part studies the role of UNHCR in protecting refugees. Finally, the refugee problem is analyzed in the context of human right approach pointing to the gaps of the CR and the states responsibility (Gill, 2014).
The Kenya Refugees Act enacted in 2006 to instrument the 1951 United Nations Convention Related to the Status of Refugees, the 1967 Protocol and the 1969 OAU Convention marked a greater government involvement in refugee affairs. It was accompanied by Refugee Regulations entered into force in 2009 and the establishment of the Department of Refugee Affairs (DRA) within the Ministry of State for Immigration and Registration of Persons which has responsibility for the administration, coordination and management of issues relating to refugees. Its functions includes developing policies, promoting durable solutions, coordinating international assistance, receiving and processing applications for refugee status, registration, issuing identity cards
Definition of statelessness Having a nationality and belonging to a specific country is a natural part of our lives and our communities. But the fact is that more than 10 million people worldwide is declared without a state, due to official removal of their country, consequences of specific actions, done by a specific person, if their country revokes their citizenships etc. In order to describe statelessness, one needs to understand that there are different types of statelessness. A stateless person is defined stateless by the 1954 Stateless Persons Convention as “ a person who is not considered as a national by any State under the operation of its law”. The Palestinians living on the West Bank is de jure statelessness.
Just as discrimination against minorities may be a cause of statelessness, the very fact that members of a group are stateless can undermine their exercise of a broad range of human rights. Although in principle most human rights are guaranteed to everyone under the jurisdiction of the State, in practice non-citizens, including stateless persons, face obstacles in exercising these rights. These obstacles may be greater still if the stateless person also belongs to a minority group. Statelessness can be addressed by applying the norms set out in the major universal and regional human rights instruments, including those pertaining to birth registration, the right to acquire a nationality, non-discrimination in the acquisition, change and retention of nationality by men and women, and the conferral of nationality on children. The Convention on the Reduction of Statelessness provides detailed guidance in this respect.