Update on Uruguay's Citizenship and Nationality Reform: Events Since March 2024 IACHR Hearing

The Uruguayan association Somos Todos Uruguayos has updated the website that documents a series of significant meetings and commitments made by the Uruguayan State regarding the rights of legal citizens, with a particular focus on issues related to passports and identification documents. These communications span from March to September 2024, highlighting the ongoing dialogue between civil society organizations and various government entities to address discrepancies in the treatment of legal citizens and to align national practices with international standards.

The updated website showing the lack of substantive progress is available at https://www.cidh189nacionalidad.uy/registro-de-progreso. I encourage you to review it, even after reading the summary I am posting here.

These updates are the result of the pivotal moment that occurred on March 1, 2024, during the 189th Regular Session of the Inter-American Commission on Human Rights (IACHR) in Washington, D.C., where representatives presented concerns about legal citizens' rights, nationality, and statelessness risks. The Uruguayan delegation committed to collaborating on solutions and engaging in interministerial dialogue. This hearing catalyzed ongoing communications throughout 2024 involving government entities, civil society organizations, and international bodies. Key issues include aligning documents with ICAO standards, eliminating discriminatory language, harmonizing laws for equal treatment, and interpreting nationality and citizenship constitutionally considering international standards. These efforts culminated in significant events in August and September 2024, reflecting the challenges in resolving complex nationality, citizenship, and human rights issues in Uruguay.

August and September Events:

1. Formation of the Working Group on Citizenship and Nationality (August 19, 2024): A Working Group on Legal Citizenship and Nationality was established, coordinated by the National Institution for Human Rights and Ombudsman's Office (INDDHH). This group, comprising civil society organizations, legislators, and public institution authorities, aims to develop concrete proposals to address existing difficulties and gaps in national legislation regarding citizenship granted to migrants. The group is scheduled to meet biweekly until December 2024.
2. Second Meeting of the Working Group (September 2, 2024): In this meeting, potential solutions were discussed, including the application of conventionality control and the possibility of reforming the Republic's Constitution. The proposed constitutional reform aims to incorporate a perspective that unifies the concepts of nationality and citizenship.
3. Divergence in Approaches: State representatives in the Working Group advocated for constitutional reform as the ideal response to guarantee access to Uruguayan nationality for refugees, stateless persons, and legal citizens. However, civil society organizations, including Somos Todos Uruguayos, Ecumenical Service for Human Dignity, and Idas y Vueltas, objected to this proposal due to the potential delays and the implications of subjecting human rights to a plebiscite.
4. Ongoing Commitments and Challenges: The summary reiterates the Uruguayan State's commitments made during the March 1, 2024 hearing before the Inter-American Commission on Human Rights (IACHR). These include: a) Aligning with international human rights standards and instruments. b) Seeking immediate solutions for passport-related issues. c) Engaging in interministerial dialogue and collaboration with civil society. d) Prioritizing operational aspects of correcting passport fields.
5. Unresolved Administrative Solution: As of September 2024, neither the Ministry of the Interior nor the National Directorate of Civil Identification had provided updated information on the publication and implementation of the administrative resolution promised on May 16, 2024, to modify passports of legal Uruguayan citizens in compliance with ICAO regulations.
6. IACHR's Stance: Somos Todos Uruguayos reiterates that it believes in the IACHR's unwavering commitment to the fundamental and inalienable right to nationality. The Commission urged Uruguay to swiftly harmonize its legislation with international norms, offering technical assistance to facilitate this process. The IACHR emphasized the importance of conventionality control and called for a progressive harmonization between constitutional and international law to ensure respect for international human rights commitments.

This summary of the events following the audience highlights the ongoing efforts, challenges, and divergent approaches in addressing the rights of legal citizens in Uruguay, particularly concerning nationality and identification documents. It underscores the tension between proposed constitutional reforms and the urgency of aligning national practices with international standards, as emphasized by both civil society organizations and the Inter-American Commission on Human Rights.

Clearly, human rights and compliance with the American Convention are not optional for Uruguay. Putting human rights and compliance with international law to a plebiscite under the banner of needing to amend the Constitution is unacceptable. In light of these delaying tactics, already rejected in other cases by the IACHR and IACtHR, the association marches onward in preparing further actions.