Facilitated naturalization of
stateless persons
Provision
1. A person currently residing in State X who has been determined to be
stateless by a competent authority, may apply to become a national of State X.”
Comments
The 1954 Convention on contains an obligation for States to “facilitate the
assimilation and naturalisation of stateless persons.”68 In practice, this would
require States to have robust procedures by which they might determine
whether a person on their territory is stateless.69 States which determine that
an individual is stateless should expedite their naturalization proceedings.
This would mean that, once an individual is determined to be stateless, any
residency requirements should be minimized or waived, and that any income
or language requirements that States may impose on other applicants
should be exempted for stateless applicants. Laws that impose onerous
documentation requirements should also be waived for stateless persons,
as they are more likely to not have obtained, for example, a birth certificate.
Application
There are relatively few States world-wide which have adopted dedicated
statelessness determination procedures. One State which has recently
implemented such a procedure is Moldova. Moldova’s law contains
substantial procedural guarantees, such as the right to an interpreter and
legal aid, and explicitly grants the applicant a right to stay in the country
during the procedure.70 It also takes into account the difficulties inherent in
proving statelessness, and as such, the burden of proof is shared between
the applicant and the relevant authority, which may take steps to collect
documents to substantiate the application from countries with which the
applicant has a link.71 This effective statelessness determination procedure
is an important step in facilitating the eventual naturalization of stateless
persons.
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