Statelessness & Related Issues in the Context of the Referenda Presentation to HCT by UNHCR 18 July 2010.

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Presentation transcript:

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 Transitional Areas - Nomadic groups - IDPs - Migrants - Mixed marriage families South - Northern migrants, traders - IDPs (500 Darfur families in two camps) - 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 E.g. More secure land tenure Documentation Voluntary return 2008 suspension Accommodating genuine wishes to return (pre-/post- referendum Assessing voluntariness Preventing forced returns/ mass expulsions International law UNCT/HCT response

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 Advocacy - Prioritising citizenship on political agendas - Working Group on Citizenship Legal - Improving current nationality legislation - Accession to Statelessness Conventions Operational projects - Gos facilitation of nationality certificates, birth certificates to Khartoum IDPs (CRS, Al Manar) - Universal birth registration (Plan International, UNICEF) - HAC surveys: east, Khartoum

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?