Statelessness & Related Issues in the Context of the Referenda

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Statelessness
& Related Issues
in the Context of the
Referenda
Presentation to HCT by
UNHCR
18 July 2010
Populations At Risk
North
- Southern IDPs + ex-IDPs
(2 million?)
- Migrants from the south
- Mixed marriage families
South
- Northern migrants, traders
- IDPs (500 Darfur families
in two camps)
- Mixed marriage families
Transitional Areas
- Nomadic groups
- IDPs
- Migrants
- Mixed marriage families
Expatriate populations
- Refugees/ migrants who
may have difficulty
proving nationality where
one or more generations
were born abroad
Protection Risks:
Contingency Planning







Statelessness/ lack of
choice of citizenship
Mass expulsions/ forced
returns/ involuntary durable
solutions
Violent retaliation, armed
conflict
Militarization of IDP sites
Property confiscation
Discrimination, exploitation
Child protection and SGBV
issues
Detention
Lack
access to legal remedies, lack of
monitoring
Freedom of speech compromised
Durable Solutions for IDPs


Local integration
 Preventing forced
• E.g. More secure land returns/ mass
tenure
expulsions
• Documentation
• International law
Voluntary return
• 2008 suspension
• UNCT/HCT response
• Accommodating
genuine wishes to
return (pre-/postreferendum
• Assessing
voluntariness
Citizenship Solutions


Moratorium on actions
affecting rights of at risk
populations
Citizenship
arrangements for
populations at risk –
dual, right of option,
residency rights

Regulating population
movements:
e.g. Four Freedoms Agreement
- Freedom of movement
- Residence
- Employment
- Property ownership
UNHCR Statelessness Activities
Contingency planning
Operational projects
Advocacy
- Gos facilitation of nationality
certificates, birth
certificates to Khartoum
IDPs (CRS, Al Manar)
- Prioritising citizenship on
political agendas
- Working Group on
Citizenship
Legal
- Universal birth registration
(Plan International,
UNICEF)
- Improving current nationality - HAC surveys: east,
legislation
Khartoum
- Accession to Statelessness
Conventions
Inter-Agency Activities
Planning
- UNCT/HCT contingency
planning
- Voluntary return operations?
- UNCT/HCT joint position on
forced returns
Joint advocacy
- NCP/ SPLM Working
Groups: UN
representation?
- Prevent violence, abuses
- Uphold human rights
Khartoum state
- Strong lead agency role
- Access to IDP sites (UN,
NGOs):
UN united stance or
individual MOUs with
CVHW?
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