I. INTRODUCTION
I.1 Framework, scope and objective
At1the time of writing, 79 states are party to the 1954 Convention relating to the Status of Stateless Persons. In recent years,
there has been an unprecedented wave of accessions to this Convention. This reflects growing efforts to integrate statelessness
within the mainstream of the international human rights agenda. As a key component of this process, UNHCR published a
set of guidelines on various aspects of statelessness, including the definition of a stateless person,2 statelessness determination
procedures,3 the status of stateless persons,4 and the prevention of statelessness at birth.5
Shedding light on the necessity of creating a specific statelessness determination procedure and a protection
status for stateless persons was central to this process. Several states have recently taken positive steps in this
respect. However, given the currently low number of existing determination and protection models, states as well as
other actors often face difficulties when looking for “good practices” or examples to copy or adapt. The objective of
this guide is therefore to provide practical support to states which are considering the establishment of a specific
determination and protection mechanism, or who wish to improve their existing regime. In addition, the information
summarised in this paper is also of value to international and civil society organisations, as well as academics, who are
committed to advocate for better protection standards for the stateless populations around the world.
This guide addresses 6 key areas in which states need to take strategic decisions in the process of developing a national
determination and protection regime for stateless persons. It covers the entire spectrum of issues related to determination
and protection mechanisms, from basic questions of structure and access, through to procedural factors and assessment,
and finally to appeal and status related topics. Yet, the document does not aim to address all potentially relevant questions; it
rather concentrates on issues which have been identified as the most fundamental ones from a practical point of view, based
on the experience of the author and the European Network on Statelessness (ENS). Each issue is presented in three parts:
A) A brief summary of international standards that relate to the issue at hand. These summaries are primarily
based on the recent, authoritative guidance issued by UNHCR6 which interprets the terms of the 1954 Convention,7
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2 UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 1: The definition of “Stateless Person” in Article 1(1) of the
1954 Convention relating to the Status of Stateless Persons, HCR/GS/12/01, 20 February 2012
3 UN High Commissioner for Refugees, Guidelines on Statelessness No. 2: Procedures for Determining whether an Individual is a Stateless
Person, HCR/GS/12/02, 5 April 2012 (hereinafter UNHCR Statelessness Guidelines 2)
4 UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 3: The Status of Stateless Persons at the National Level,
17 July 2012 2012, HCR/GS/12/03 (hereinafter UNHCR Statelessness Guidelines 3)
5 UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality
through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, HCR/GS/12/04, 21 December 2012
6 In concrete UNHCR Statelessness Guidelines 2 and 3
7 Note that the 1954 Convention only sets forth concrete standards with regard to the rights and status of stateless persons, but not the
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