2021
Statelessness & Citizenship Review
3(1)
refugees). These current standards do not make a distinction between large scale
in situ statelessness or small scale in situ statelessness:
In the case of stateless persons in situ, where there is a realistic prospect of
acquisition of citizenship in the near future, it may be inappropriate to conduct a
determination of whether they are stateless, in particular where this could delay a
durable solution (i.e. the grant of nationality) … Where stateless persons are present
predominantly in their ‘own country,’ the solution for those individuals in situ will
generally be acquisition of the nationality of that country … For stateless
individuals within their own country, as opposed to those who are in a migration
context, the appropriate status would be one which reflects the degree of attachment
to that country, namely, nationality. 51
In situ stateless are the largest stateless population in the world and are subject
to structural discrimination, especially considering that the majority of in situ
stateless population belongs to ethnic and racial minorities. This analysis
concludes that naturalisation is not applicable in cases of in situ statelessness, nor
are SDPs applicable in cases where nationality of in situ stateless persons is
arbitrarily deprived.
On the contrary, the solution for in situ stateless persons is an automatic
‘restoration of nationality and compensation … with retroactive effect to the
moment of deprivation’ and, if necessary, applying a simple, reasonable and nondiscretionary procedure. 52 This means that governments should facilitate and
make accessible the process of reacquisition, confirmation or restoration of
nationality, 53 returning the rights lost at the moment of deprivation and
compensate the affected population with damages. They should also reduce
administrative costs and bureaucracy, change ‘legislation and policies to reduce or
eliminate requirements for the acquisition of nationality’, assist stateless persons
51
Geneva Conclusions (n 21) 5:
Where stateless persons are present predominantly in their ‘own country’, the solution for those
individuals in situ will generally be acquisition of the nationality of that country and the State
body responsible for citizenship would likely be the most appropriate entity.
See also at Good Practice Paper 2020 (n 3) 2–3:
[f]or stateless populations in a non-migratory context who remain in their ‘own country’, often
referred to as in situ populations, SDPs for the purpose of obtaining status as stateless persons
are not optimal because of their long established ties to these countries … depending on the
circumstances of these populations, States are encouraged to undertake targeted nationality
campaigns or nationality verification efforts rather than to establish statelessness status through
use of an SDP.
52
53
Procedures for Determination of Refugees and Statelessness (n 8) 106 [289].
Guidelines No 5 (n 28); Human Rights and Arbitrary Deprivation of Nationality (n 28) 15
[14]; Expert Meeting Interpreting the 1961 Statelessness Convention and Avoiding
Statelessness Resulting from Loss and Deprivation of Nationality: Summary Conclusions
(Report, UNHCR, 2013) [28], [29]; Case of the Girls Yean and Bosico v Dominican Republic
(Judgment) (Inter-American Court of Human Rights, Series C 130, 8 September 2005) [142];
Handbook on Protection of Stateless Persons (n 2) [165]; Inter-American Commission on
Human Rights, Procedures for Determination of Refugees and Statelessness (n 8) 126 [347].
UNHCR Action to Address Statelessness (Report, UNHCR 2010) 15 [50].
<http://www.unhcr.org/refworld/docid/4b9e0c3d2.html>; Handbook on Protection of
Stateless Persons (n 2) 30 [58].
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