hcr.org/refworld/docid/4f4371b82.html>. See also, Prato
Conclusions at 3, ¶ 13.
49 UNHCR Guidelines on Statelessness No. 1, ¶47.
50 See, e.g., Prato Conclusions at 8 ¶11; see also Id.
¶12 (noting that some unresolved situations of this
nature may lead, over time, to statelessness. The
1954 Convention definition has sometimes been referred to as “de jure”—by law—definition of statelessness even though this term is not found in any international treaty. Individuals who have a nationality but
are outside the country of their nationality and are
denied diplomatic and consular protection accorded
to other nationals by their state of nationality have
been referred to as”de facto” stateless. See, Prato
Conclusions, which reflects the current understanding of de facto statelessness.
51 Prato Conclusions at 2, ¶¶1 and 6. By affirming that
the 1954 Convention definition requires an analysis
not only of whether an individual is considered as a
national under the laws of a state, but also how those
laws are applied in practice, many of those previously thought to be de facto stateless qualify as de jure
stateless under the definition in Article 1(1). Id. at 3, ¶¶
16 - 17; see also UNHCR Guidelines on Statelessness
No. 1 at ¶¶ 15 - 16.
52 For example, the former Yugoslavia is now five
separate countries: Bosnia and Herzegovina, Croatia,
Macedonia, Serbia and Montenegro, and Slovenia;
Sudan is now divided into two separate countries:
Sudan and the Republic of South Sudan; and Nigeria
transferred the territory of the Bakassi Peninsula to
Cameroon.
53 MALCOLM SHAW, INTERNATIONAL LAW 861
(Cambridge University Press 2003).
54 The International Law Commission has adopted
standards to address the problem of statelessness
arising as a result of state succession. U.N. General
Assembly, Report of the International Law Commission, 23 July 1999, A/54/10, available at: <http://www.
unhcr.org/refworld/docid/3ae6af970.html>. While these
standards have not yet been adopted in the more
binding form of an international treaty or declaration
they do have important value as “soft law”.
55 Gender inequalities in nationality law can render
a child stateless if the law limits the mother from
conveying nationality and the father is also unable
to convey nationality. Some scenarios include “(i)
where the father is stateless; (ii) where the laws of
the father’s country do not permit him to confer nationality in certain circumstances, such as when the
Solutions for the Stateless in the U.S.
child is born abroad; (iii) where a father is unknown
or not married to the mother at the time of birth; (iv)
where a father has been unable to fulfill administrative steps to confer his nationality or acquire proof of
nationality for his children because, for example, he
has died, has been forcibly separated from his family, or cannot fulfill onerous documentation or other
requirements; or (v) where a father has been unwilling to fulfill administrative steps to confer his nationality or acquire proof of nationality for his children,
for example, if he has abandoned the family.” U.N.
High Commissioner for Refugees, Background Note
on Gender Equality, Nationality Laws and Statelessness, 8 March 2012, available at: <http://www.unhcr.org/
refworld/docid/4f59bdd92.html>.
56 See U.N. Human Rights Council, Human rights and
arbitrary deprivation of nationality: report of the Secretary-General, 14 December 2009, A/HRC/13/34, 7
at 27, available at: <http://www.unhcr.org/refworld/
docid/4b83a9cb2.html>.
57 The 1961 Convention on the Reduction of Statelessness lists specific, exceptional circumstances
under which deprivation of nationality resulting in
statelessness may not be considered arbitrary. See,
1961 Convention, Art. 8.2 and 8.3.
58 VAN WAAS, supra note 29, at 94.
59 See, e.g., Case of the Yean and Bosico Children
v. The Dominican Republic, Inter-American Court of
Human Rights (IACrtHR), 8 September 2005 (ruling that the Dominican Republic (DR) violated the
rights to nationality and equal protection of children
born on the territory of the DR of Haitian parents by
denying them birth certificates generally issued by
the State’s Registry Office). Available at: <http://www.
unhcr.org/refworld/docid/44e497d94.html>.
60 See, e.g., BRONWEN MANBY, STRUGGLES FOR
CITIZENSHIP IN AFRICA 96-108 (London, Zed Books
2009).
61 Id. A jus sanguinis regime without safeguards
against statelessness as prescribed by Article 1 of
the 1961 Convention also creates the likelihood that,
if that child remains in that state and one day has his
or her own children, they may inherit the statelessness of their parent. Id. The 1961 Convention and a
number of regulatory instruments explicitly provide
protection from this form of statelessness.
62 Kazakhstan, Tajikistan, and Uzbekistan are examples of countries with such provisions. U.N. High
Commissioner for Refugees, Statelessness in Central
Asia, May 2011, p. 19, available at: <http://www.unhcr.org/
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