emphasized that the finding that an individual is stateless constitutes a juridically
relevant fact.
A significant distinction emerged between two different contexts, the first consisting
of countries – many industrialized – that host stateless persons who are
predominantly, if not exclusively, migrants or of migrant background; and the second
consisting of countries that have in situ stateless populations (i.e. those that consider
themselves to already be “in their own” country2). All participants agreed on the
importance of improving protection of stateless persons in both of these contexts. At
the same time it was acknowledged that the means by which this is achieved will
differ depending on the circumstances of specific populations and countries.
The discussions during this meeting frequently invoked obligations in international
human rights law beyond those contained in the 1954 Convention – particularly with
respect to guaranteeing a child’s right to a nationality as enshrined in the International
Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of
the Child (CRC). However, it was underscored that the scope of those obligations will
be discussed in greater detail in the third expert meeting of this series.
The following summary conclusions do not necessarily represent the individual views
of participants or necessarily those of UNHCR, but reflect broadly the key
understandings and recommendations that emerged from the discussion.
Statelessness Determination Procedures
The necessity for determination procedures
1. The 1954 Convention relating to the Status of Stateless Persons establishes a
standard of treatment which can only be applied by a State party if it knows
who the recipients of this treatment should be. As such, it is implicit in the
1954 Convention that States parties identify who qualifies as a stateless person
under Article 1 of the Convention for the purpose of affording them the
standard of treatment set forth in the Convention. The identification of
stateless persons may occur in procedures which are not specifically designed
for this purpose. This would be appropriate where such procedures are linked
to grant of residence, as is the practice in a number of States. In the absence of
such provisions in aliens or immigration laws, a procedure which is aimed at
determining statelessness enhances a State’s ability to fulfil its obligations
under the 1954 Convention.
2. Recognition as a stateless person is not a substitute for acquisition of
nationality. In the case of stateless persons in situ, where there is a realistic
2
This terminology was adopted taking into account Article 12(4) of the International Covenant on
Civil and Political Rights and the manner in which this provision has been interpreted by the Human
Rights Committee (General Comment 27).
2