UNHCR, APRIL 2023
REFUGEES FROM GENERATION TO GENERATION
they cannot prove the relevant facts. UNHCR thus recommends establishing statelessness determination
procedures to identify stateless persons and establish the appropriate protections for their status. 111 In
its discussions around the development of a protocol to the African Charter on Human and Peoples’ Rights
on the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa, the
African Commission on Human and Peoples’ Rights proposed clarifying this definition to confirm that the
definition includes a person who is unable to establish a nationality in practice. Although refugees may
also be stateless, and statelessness may be a cause of displacement, most stateless persons are not
refugees.
Undetermined nationality
In 2006, the UNHCR Executive Committee urged the agency to “continue to work with interested
Governments to engage in or to renew efforts to identify stateless populations and populations with
undetermined nationality”.112 There is no legal definition of “undetermined nationality”. However,
UNHCR proposes that undetermined nationality should refer to those who have not been recognised as
stateless, but who lack proof of nationality where they live and have ties, real or perceived, to one or
more other countries. 113 That is, UNHCR has applied the term to exclude those who lack documents but
whose nationality of the state of residence is not in any doubt.
111
See ‘Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect Stateless
Persons’, UNHCR, July 2020, https://www.refworld.org/docid/5f203d0e4.html.
112
‘Conclusion on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons’,
No. 106 (LVII), UNHCR ExCom 56th session, 6 October 2006, Annex to UN doc. A/AC.96/1035
https://www.unhcr.org/excom/exconc/453497302/conclusion-identification-prevention-reduction-statelessnessprotection.html.
113 Quick Guides:
Researching Statelessness, UNHCR, March 2021 https://www.refworld.org/docid/6054c9ca4.html.
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