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Statelessness & Related Issues in the Context of the Referenda

Statelessness & Related Issues in the Context of the Referenda. Presentation to HCT by UNHCR 18 July 2010. North - Southern IDPs + ex-IDPs (2 million?) - Migrants from the south - Mixed marriage families Transitional Areas - Nomadic groups - IDPs - Migrants

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Statelessness & Related Issues in the Context of the Referenda

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

  2. 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 Populations At Risk

  3. 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

  4. 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

  5. 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

  6. 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 UNHCR Statelessness Activities

  7. 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? Inter-Agency Activities

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