W H Y D O STAT E L E SS P E R SO N S
NEED PROTECTION?
T
he Universal Declaration of Human Rights affirms that “everyone has
the right to a nationality”, thereby acknowledging the legal and practical
importance of nationality for the enjoyment of human rights. Governments must
therefore work to make certain that everyone holds a nationality. Despite this and
other provisions of international human rights law, many people never acquire
or are deprived of their nationality. When some people remain excluded, their
statelessness leaves them vulnerable. Because they lack the bond of nationality
with any State, stateless persons need special attention and protection to ensure
that they are able to exercise their rights.
Stateless people are often without a legal
status and feel left out of society. The Galjeel,
are a sub-clan of Somali descent and have lived
in Kenya since the late 1930s. For decades, the
Galjeel held Kenyan ID cards, participated in local
and national elections, owned businesses and
enjoyed full access to State services. But in 1989
the government introduced a screening system to
identify irregular migrants from Somalia. During
this process, the authorities confiscated most
forms of identification that linked the Galjeel to
Kenya. Many became stateless, losing the rights
they had enjoyed for decades. Here, a Galjeel boy
plays in an abandoned school. Most children in
the community do not go to school.
2
Protecting
the
Rights
of
Stateless Persons
UNHCR /G. CONSTANTINE
For instance, a particular concern for stateless persons is the difficulty that they
face in obtaining identity and travel documents, which not only impedes their
ability to travel, but can also cause many problems in day-to-day life and may
in some cases lead to the prolonged detention of the individual. Statelessness
prevents people from fulfilling their potential and may have severe knock-on
effects for societal cohesion and stability. It may even cause communal tensions
and displacement. Promoting recognition and enhancing protection of stateless
persons are means to respond to such concerns.