Statelessness: A Global
Phenomenon
Stateless persons commonly lack authorization to stay in the territory of the country in
which they reside. They are routinely excluded from the legal regime available to citizens
and are vulnerable to deprivation of a wide
range of civil, political, social, and economic
rights, often without recourse.27 Stateless individuals often face limited—if any—access
to lawful employment, education, healthcare, birth registration, property ownership,
freedom of movement, and political participation.28 They are typically unable to obtain
even the most basic identity and travel documentation, further impeding their ability to
engage in routine daily activities. This lack
of documentation and the inability to secure
permission to enter or remain in any country renders stateless individuals vulnerable to
prolonged, sometimes indefinite, immigration detention. In some instances, stateless
people have been “in orbit,” that is, deported from one country to another because no
country will allow them to enter and reside in
their territory. Because of their inherent vulnerability and in the absence of State protec-
10
tion inherent to nationality, stateless individuals are at greater risk of becoming victims of
human trafficking and other forms of exploitation.29 These circumstances can result in
many hardships, chief among them a lifetime
of family separation.
Data and statistics on stateless persons are
difficult to obtain for a variety of reasons.
There is a general lack of understanding
about who qualifies as stateless and a lack
of appropriate procedures to determine that
status as well as reluctance on the part of
many countries to recognize statelessness
as a problem within their own borders. Many
stateless persons are fearful of what may
happen to them if they come forward—a fear
that is often not misplaced.
© UNHCR / J. Tanner
A stateless person is a person “who is not
considered a national by any State under the
operation of its law”.26 Nationality connects
an individual to a State and is the fundamental basis for acquiring and exercising the
rights, protections, and obligations inherent
in full membership in a society. As indicated
above, UNHCR estimates that there are 12
million stateless persons across the globe, of
which 3.5 million reside in countries for which
there are reliable statistics counting stateless
individuals.
Julien Jean, 42, received his Haitian passport in December
2011 with the help of a local NGO. Without a passport he
described life as being like a “goat in the mountains.” With
a passport, he says that if he dies in the street then at least
he will be recognized and identified.
Citizens of Nowhere: