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Committee Opinion | Doc. 13438 | 04 March 2014
Access to nationality and the effective implementation of the European Convention on Nationality
Committee on Migration, Refugees and Displaced Persons
A. Conclusions of the committee
(open)1. The Committee on Migration, Refugees and Displaced
Persons welcomes the report by the rapporteur of the Committee on
Legal Affairs and Human Rights, Mr Boriss Cilevičs, which highlights
the limited number (20) of ratifications of the European Convention
on Nationality (ETS No. 166).
2. The committee emphasises the importance of access to naturalisation
procedures, and the need for these to be fair and cover common minimal
standards across member States.
3. Furthermore, attention should be paid to children, with respect
to member States’ obligations to prevent and avoid statelessness.
4. In addition, increased mobility also means that people are
living ever more transnational lives. Thus, neither partner should
be prevented from having full access to their rights as a result
of not being able to acquire the nationality of their partner and
children of parents with different nationalities should be eligible
to access both nationalities.
5. While fully supporting the draft resolution tabled by the
Committee on Legal Affairs and Human Rights, the Committee on Migration,
Refugees and Displaces Persons proposes several amendments.
B. Proposed amendments
(open)Amendment A (to the draft resolution)
In the draft resolution, paragraph 5.2.5, after the words “newborn babies”, add the words “, irrespective of their immigration status,”.
Explanatory note: This is to highlight the particular risk of statelessness linked to immigration status.
Amendment B (to the draft resolution)
In the draft resolution, paragraph 6, replace the word “aliens” with “migrants”.
Explanatory note: This is to reflect the common terminology of the Assembly on this issue.
Amendment C (to the draft resolution)
In the draft resolution, replace paragraph 7.3 with the following paragraph:
“not discriminate against their citizens on the grounds of how they acquired their nationality, in order to avoid having different classes of citizens;”
Explanatory note: This is to clarify the message being put across and does not change it.
Amendment D (to the draft recommendation)
In the draft recommendation, at the end of paragraph 2.2, add the following text:
“, and to examine the current and continuous relevance of the Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (ETS No. 43) and its Protocols (ETS No. 95, ETS No. 96 and ETS No. 149);”
Explanatory note: This is to highlight the need to examine the relevance of these treaties.
C. Explanatory memorandum by Mr Huseynov, rapporteur for opinion
(open)1. The Committee on Migration, Refugees and Displaced
Persons welcomes the report by the rapporteur of the Committee on
Legal Affairs and Human Rights, Mr Boriss Cilevičs, which highlights
the limited number (20) of ratifications of the European Convention
on Nationality.
2. The committee notes the many important issues raised in the
report and endorses the importance of the right to nationality as
the “right to have rights”, and regrets that the numbers of stateless
persons remains high among Council of Europe member States.
3. Migration and access to nationality are closely linked and
in some cases migration can be the cause of a person’s statelessness.
The committee would like to draw attention to three areas: naturalisation,
acquisition of nationality at birth and multiple nationalities.
4. With regards to naturalisation policies, the committee wants
to emphasise the importance of access to such procedures, and for
these to be fair and cover common minimal standards across member
States. With increasing numbers of people living outside their country
of nationality, ensuring access to naturalisation helps to avoid
the creation of a two-tier society with citizens having more rights
than non-citizens. Acquisition of nationality also contributes to
migrants’ sense of belonging and encourages greater integration.
5. Particular attention should be paid to children, with respect
to member States’ obligations to prevent and avoid statelessness.
Universal birth registration helps to reduce the risk of statelessness.
Access to birth certificates in the child’s country of birth and
nationality, either of the country of birth or country of nationality
of the parents, should be possible regardless of the parent’s immigration
status, gender or other obstacle in law and in practice. Member
States should pay particular attention to any legislation that conflicts
with this right, such as public servants’ duty to report irregular
migrants.
6. Increased mobility also means that people are living increasingly
transnational lives, maintaining strong links with their country
of birth and their country of main residence. A consequence of this
are mixed marriages, where partners have different nationalities.
Neither partner should be prevented from having full access to their rights
as a result of not being able to acquire the nationality of their
partner. Children of parents with different nationalities should
be eligible to access both nationalities.