2021
Statelessness & Citizenship Review
3(1)
Additionally, the 23 SDPs identified for this article coincide in that the 23
countries they correspond to are parties to the 1954 Convention. They are also
recent: since 2014, seven out of eight countries in the Americas adopted SDP
norms, and seven of 13 countries (54%) in Europe. From a total of 23 countries
with formal mechanisms for SDPs, 14 (61%) established SDP legislation after
2014, while only five countries (European countries) implemented SDP norms
before 2010: France, Italy, Spain, Latvia and Hungary. Clearly, the legislation in
force concerning SDPs is a relatively new development and likely related to the
impact of the UNHCR #IBelong Campaign launched in 2014 to end
statelessness. 18
These SDP norms are laws enacted by a congress or parliament, or by
resolutions or rules issued by an executive branch. There are countries that have
recognised stateless persons through migration or citizenship laws enacted by
congress or parliament and, later, their SDP was adopted by resolution or the
application of rules. These resolutions or rules can be issued by the executive
branch (ie, ministries of foreign affairs, ministries of justice or immigration
offices) or by royal decree, as in Spain. This is the case in the Americas (Mexico,
Costa Rica, Ecuador and Brazil) and in Europe (Italy, Hungary, Spain, Kosovo,
Bulgaria, Montenegro and Turkey). 19
On the other hand, there are countries whose organic laws on citizenship or
immigration have not previously or expressly regulated the topic of statelessness.
Nevertheless, such countries have adopted SDPs by decree or resolution issued by
executive branches of government. 20 For example, the SDP in the Philippines was
established by the Department of Justice; in Côte d'Ivoire as a joint resolution from
the Ministry of Foreign Affairs and Ministry of Justice; and, in Panama, the SDP
was adopted by decree from the executive branch.
There are also countries that have adopted SDPs as special laws enacted by a
congress or parliament, providing the SDP with a stronger guarantee — the law
comes from the political power of the ‘people’ represented in these constitutional
organs. Paraguay, Uruguay and Argentina have enacted specialised laws on SDPs,
while statelessness is not recognised nor identified in their organic migration or
citizenship laws. In contrast, Georgia, Latvia and Ukraine, which are states that
have emerged in the last 30 years, recognise statelessness in their immigration or
organic laws and have adopted specific ‘statelessness laws’ without an SDP. These
European countries later modified their migration or citizenship laws to include
SDPs through laws enacted by parliament or congress, or by an act of their
executive branch. In Moldova, citizenship and foreigner laws were directly
amended to include an SDP through laws passed by their parliament. The same
occurred in France and the United Kingdom, whose immigration codes regulated
18
19
20
‘#IBelong Campaign’ (n 4). For this analysis see Part IX: Table of SDP Laws.
See Part IX: Table of SDP Laws.
For example, Colombia and Luxembourg, through their respective Ministries of Foreign
Affairs, issued a ‘circular’ and a ‘note’, respectively, adopting some mechanism for
statelessness status recognition. Although these administrative measures are not considered a
formal mechanism for statelessness status recognition, these administrative measures issued
by an agency from the executive branch describe a basic procedure. See Ministry of Foreign
Affairs of Colombia: Circular No 168 (n 14), cited in Sentence T-006/20 (n 14). See also
‘Application for the Status as a Stateless Person’, Le Gouvernment du Grand-Dushe de
Luxembourg (Web Page, 2016) <https://guichet.public.lu/en/citoyens/immigration/casspecifiques/apatride/demande-statut-apatride.html>.
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