Breaking the Presumption
campaign is Action 6: to ‘grant protection status to stateless migrants and facilitate
their naturalization’. 5
In this regard, regional action plans to end statelessness that consider SDPs
have been adopted. The Americas region was first, adopting the Brazil
Declaration and Plan of Action: A Framework for Cooperation and Regional
Solidarity to Strengthen the International Protection of Refugees, Displaced and
Stateless Persons in Latin America and the Caribbean. 6 Subsequently, in West
Africa, the Banjul Plan of Action of the Economic Community of West African
States (ECOWAS) on the Eradication of Statelessness (2017–2024) was adopted. 7
The Inter-American Commission of Human Rights has also recommended that
states pass legislation providing SDPs for the identification and protection of
stateless persons. 8 However, the recognition of SDPs as a key tool for the
identification and protection of stateless populations has not yet been yet decided
by international jurisprudence. The Inter-American Court of Human Rights, the
European Court of Human Rights and the African Court on Human and Peoples’
Rights have not yet decided a case recognising SDPs as an obligation derived from
the 1954 Convention. Currently, there is no international jurisprudence ordering
and recognising the obligation of states to adopt SDPs or modify an SDP norm
according to international standards.
Despite an increasing awareness in recent years that stateless persons are
distinct from refugees and migrants, and that statelessness issues shall be
addressed distinctly from migrants and refugee issues, states continuously fail to
adopt procedures for statelessness determination with autonomous character,
separated or apart from refugee or asylum procedures and protection mechanisms.
There are countries, mostly in Europe, where statelessness status is recognised
through ad hoc mechanisms. Consequently, the recognition of such status is
diluted in norms, administrative practices and measures, or judicial practices
within the scope of asylum, migration or citizenship procedures, and not formally
recognised in specialised procedures for statelessness status determination. 9 As
Noémi Radnai explains, ‘It is not simply “black or white” whether a state has an
SDP established in its domestic law’, it should be considered a formal SDP when
the law expressly regulates a specific procedure for the determination of the status
of stateless persons. 10
5
6
7
8
9
10
ibid.
Brazil Declaration and Plan of Action: A Framework for Cooperation and Regional
Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless
Persons in Latin America and the Caribbean (Declaration, Cartagena +30 3 December 2014).
Banjul Plan of Action of the Economic Community of West African States (ECOWAS) on the
Eradication of Statelessness 2017–2024 (Action Plan, Economic Community of West African
States 2017).
See Due Process in Procedures for the Determination of Refugee Status and Statelessness
and the Granting of Complementary Protection (Report, OAS and Inter-American
Commission on Human Rights, 2020) (‘Procedures for Determination of Refugees and
Statelessness’); ‘IACHR Welcomes Actions to Protect the Right to a Nationality and to
Prevent Statelessness in the Region’, Organization of American States (Press Release, 2019)
<http://www.oas.org/en/iachr/media_center/PReleases/2019/042.asp>.
Ad hoc mechanisms for statelessness status recognition can be found in Czech Republic,
Finland, Germany, Slovak Republic, Slovenia, Sweden, Norway, Croatia, Malta, Poland,
Ireland and Belgium. See ENM Inform: Statelessness in the EU (Report, European Migration
Network,
2016)
2,
5,
8,
13
<https://www.emnluxembourg.lu/wpcontent/uploads/2016/11/EMN-Inform-Statelesseness-in-the-EU.pdf>.
Noémi Radnai, Statelessness Determination in Europe: Towards the Implementation of
Regionally Harmonised National SDPs (Working Paper No 2017/8, 5th ed, Institute of
Statelessness and Inclusion 2017) 6 <https://files.institutesi.org/WP2017_08.pdf>.
61