Expert Meeting
Statelessness Determination Procedures and the Status of
Stateless Persons
Summary Conclusions
Expert meeting convened by the Office of the United Nations High Commissioner for
Refugees and the Open Society Justice Initiative, Geneva, Switzerland, 6-7 December,
2010 in the context of the 50th anniversary of the 1961 Convention on the Reduction of
Statelessness
This second expert meeting on statelessness focused on two practical prerequisites for
ensuring the protection of stateless persons: (i) the mechanisms for determining who
is stateless and (ii) the status and appropriate standards of treatment for stateless
persons once they are recognized as such under national law.1 Two discussion papers
prepared by UNHCR Consultant, Ruma Mandal, informed the meeting. The first
paper was entitled Procedures for Determining whether a Person is Stateless and the
second was entitled What Status should Stateless Persons receive under National
Law? Thirty-five participants from eighteen countries with experience in government,
NGOs, academia, the judiciary, the legal profession and international organizations
contributed to the rich debate.
Although the 1954 Convention relating to the Status of Stateless Persons does not
prescribe a particular means for determining statelessness, a few States have legislated
formal procedures to this end, including by integrating determination of statelessness
into existing administrative procedures. Many more States are confronted with
situations of statelessness and are being increasingly required to make determinations
on nationality – or statelessness – of persons on their territory. At the time of writing,
65 States are party to the 1954 Convention and there is limited State practice
regarding statelessness determination procedures and statelessness status. While this
expert meeting examined these questions with particular emphasis on how to improve
State parties’ application of the 1954 Convention, the discussion also explored the
pertinence of 1954 Convention standards for non-States parties. In this context, it was
1
In the context of the 50th anniversary of the 1961 Convention on the Reduction of Statelessness a
series of Expert Meetings is being held. The discussions are in preparation for the drafting of
guidelines under UNHCR’s statelessness mandate on the following five issues: (i) the definition of a
“stateless person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons; (ii)
the concept of de facto statelessness; (iii) procedures for determining whether a person is stateless; (iv)
the status and attendant benefits to be accorded to stateless persons under national law; and (v) the
scope of international legal safeguards for preventing statelessness among children or at birth.
The meeting was funded by the European Commission