the nationalities of their states. Between May and July 2023, the Government of Spain granted 90 of
them Spanish nationality by providing them with a naturalisation certificate.106
The granting of a nationality is an essential measure to address the protection needs of stateless
persons and to provide durable solutions to their situation.107 However, its scope only covers persons
who have been arbitrarily deprived of their nationality, and does not take into account the situation of
their family members, including children under the age of 18, who in most cases were also forced into
exile as a result of persecution against their relatives.
This limitation results in families having to go through regular migration procedures that do not take into
account the vulnerability and special nature of their situation. This is the case of Ernesto Medina Sandino,
who was granted Spanish nationality on the basis of a naturalisation certificate pursuant to Royal
Decree 361/2023 of 11 May 2023. The academic had not applied for recognition of his refugee status,
and therefore, despite the granting of nationality, his family members are experiencing difficulties in
regularising their migratory status and obtaining residence permits.
In relation to persons arbitrarily deprived of their Nicaraguan nationality, host states should take into
account that they may be both stateless and refugees. According to UNHCR’s legal assessment of the
situation of persons who were forced to flee Nicaragua, “individuals opposing and those perceived as
opposing the national government” are among the populations requiring international protection as
refugees,108 in accordance with the 1951 Convention relating to the Status of Refugees.109 Within this
group, UNHCR includes several of the profiles of persons who have been rendered stateless, including
human rights defenders, leaders of political opposition parties and persons perceived as opponents for
supporting demonstrators.110
In terms of the international protection offered by recognition as a refugee or a stateless person,
IACHR considers that recognition under the Convention relating to the Status of Refugees provides
more protection.111 Refugee status grants protections that are not provided for in the regime governing
stateless persons, including the right not to be returned to places where one’s life and liberty would be
in danger, the right not to be punished for irregular entry into a country, and the possibility that refugee
status may be extended to relatives.112
In any case, it should be borne in mind that the 1951 Convention provides for the status of stateless
refugees. These are persons who have left their country owing to a well-founded fear of being persecuted,
and “not having a nationality and being outside the country of [their] former habitual residence as a
result of such events, is unable or, owing to such fear, is unwilling to return to it”. In such cases, UNHCR
has noted that states may recognise both protection statuses through the same procedure.113
23 February 2023, available at: https://www.dw.com/es/colombia-y-m%C3%A9xico-ofrecen-nacionalidad-a-ap%C3%A1tridasde-nicaragua/a-64793143
106. S
panish nationality was granted gradually and in groups. 14 persons were granted nationality on 11 May (see: https://
www.boe.es/boe/dias/2023/05/12/pdfs/BOE-S-2023-113.pdf); 14 persons were granted nationality on 23 May (see:
https://www.boe.es/boe/dias/2023/05/24/pdfs/BOE-S-2023-123.pdf); 18 persons on 29 May (see: https://www.boe.es/
boe/dias/2023/05/31/pdfs/BOE-S-2023-129.pdf); 29 persons on 13 June (see: https://www.boe.es/boe/dias/2023/06/14/
pdfs/BOE-S-2023-141.pdf); 8 persons on 4 July (see: https://www.boe.es/boe/dias/2023/07/05/pdfs/BOE-S-2023-159.pdf);
7 persons on 11 July (see: https://www.boe.es/boe/dias/2023/07/12/pdfs/BOE-S-2023-165.pdf).
107. A
ccording to the IACHR “The only circumstance that can put an end to the international protection granted to a stateless
person is acquisition of a nationality”. IACHR, Due Process in Procedures for the Determination of Refugee Status and
Statelessness and the Granting of Complementary Protection, 5 August 2020, para. 375.
108. UNHCR, International Protection Considerations with regard to People Fleeing Nicaragua, HCR/PC/NIC/2023/01, January 2023,
p. 6.
109. A
ccording to Article 1 of the 1951 Convention, a person is a “refugee” when (i) he/she is outside the country of his/her
nationality; (ii) he/she has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion; and (iii) owing to such fear, he/she is unable or unwilling to avail himself/herself
of the protection of that country.
110. U
NHCR, International Protection Considerations with regard to People Fleeing Nicaragua, HCR/PC/NIC/2023/01, January 2023,
pp. 35 and 36.
111. IACHR, Due Process in Procedures for the Determination of Refugee Status and Statelessness and the Granting of Complementary
Protection, 5 August 2020, para. 330.
112. Ibid, paras 330, 334 and 368.
113. UNHCR, Statelessness Determination Procedures: Identifying and Protecting Stateless Persons, August 2014, p. 5.
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FIDH - Exile and civil death