Statelessness Working Paper Series No. 2016/05
dedicated procedures66 after thorough consultations with EU and national stakeholders. This endeavor
could be facilitated by the European Migration Network (DG HOME) which was mandated to deal with
statelessness by the aforementioned Council Conclusions in December 2015. This would be a very
important step towards the coherency of the EU’s internal and external statelessness-related human
rights policy and hence the credibility of the EU to address statelessness beyond its borders.
Furthermore, the European Parliament could equally play a crucial role in this process not only by the
means of resolutions, statements and policy debates on relevant issues of concern but also by lobbying
for the engagement of national parliaments of countries of concern with a view to passing legislative
reforms. 67 To give a positive example, the European Parliament adopted relevant resolutions
concerning the situation of stateless populations in the United Arab Emirates68 and Bahrein.69
Considering the related policy areas of the aforementioned diplomatic service of the EU in charge of
external relations and strategic partnerships (EEAS), namely human rights and democracy, together
with migration and asylum, it is apparent that both areas directly intersect with the incidence of
statelessness. EEAS means are extensive, including guidelines (prepared by the Council) and bilateral
agreements on Political Dialogue and Cooperation, allowing for extra room for manoeuvre. The EU
Delegations (EUDELs) may be perceived as the diplomatic corps of the EU in third countries and
multilateral organisations, thus, they play a key role in coordinating the EU policy dialogue at the duty
stations, among all diplomatic missions of the EU Member States. In possession of a due mandate,
EUDELs based in Jordan, Lebanon and Turkey could assume an additional advocacy role in channeling
the EU position on statelessness through various instances. EUDEL could release joint statements
briefly reflecting on statelessness concerns on the occasion of the International Human Rights Day or
important anniversaries of the adoption of the Statelessness Conventions.70 In terms of statelessness
concerns, heads of EUDELs, together with interested heads of missions (HoMs) are destined to meet
high-ranking government officials in charge of nationality issues. In addition, other staff members of
EUDELs in key countries of origin and transit, Human Rights (Gender) Focal Points and European
Migration Liaison Officers may also further advance the protection of stateless persons at the local
level. Encouraging these countries to sign and align themselves with the objectives of the Statelessness
Conventions could indeed give a powerful incentive to prevent childhood statelessness in the MENAT
region.
Therefore, the EU has been advocating for the protection of the rights of stateless persons by the
means of non-binding, declaratory quasi-legal (action plans, guidelines, communications, Council
Conclusions, regulations and statements)71 and legal instruments (recommendations and opinions) in
its external engagement with non-EU countries. However, there remains a lot of room for development
through the application of further non-binding means in terms of both quasi-legal (joint declarations,
joint statements) and legal (policy recommendations) tools, as explained above. Further to these
means, the EU disposes of other policy frameworks which could be put at the forefront of
mainstreaming the rights of stateless persons, including negotiations relating to bilateral political
dialogues, mobility partnerships, migration dialogues, enlargement negotiations as an integral part of
66
K Berényi: Statelessness and the refugee crisis in the EU, Forced Migration Review, Issue 53, Refugee Studies Center,
University of Oxford, 2016, pp. 69-71.
67 Addressing the human rights policy impact of statelessness in the EU’s external action, DG for External Policies, 2014, p. 6.
68 Resolution 2012/2842(RSP): “Whereas evidence indicates that national security is the pretext for a crackdown on peaceful
activism designed to stifle calls for constitutional reform and reform on human rights issues such as statelessness”.
69 Resolution 2013/2513(RSP): “Calls on the Bahraini authorities to ensure that the 31 Bahrainis whose citizenship was
withdrawn can appeal the decision before a court, as it is clear that the revocation of the nationality of political opponents
by the Bahraini authorities is contrary to international law”.
70 28 September, the day of the adoption of the 1954 Convention relating to the status of stateless persons, has been under
consideration to be adopted as the international day dedicated to the fight against statelessness.
71 These instruments do not intend to have legal effects; they rather reflect on the political position of the EU regarding issues
of concern.
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