2.
INTRODUCTION
UNHCR first produced a scoping paper on statelessness in Ireland in 2014. This report seeks to update that paper
and provide a better understanding of the situation of stateless persons in Ireland. UNHCR hopes that the findings
and recommendations contained in this report will contribute to ongoing dialogue with government officials, civil
society and other relevant actors on what steps can be taken to bring Ireland into line with international and
European standards in the protection of stateless persons and the prevention and reduction of statelessness.
Similar mapping papers have been produced in Belgium, Denmark and the Netherlands among other countries.4
This report aims to promote better understanding and awareness of statelessness and related issues in Ireland,
in particular the need for a statelessness determination procedure. This report examines existing legislation and
practices governing the recognition of stateless persons and the enjoyment of their rights. As it builds upon the
2014 scoping paper, the statistics used for the analysis are from 2015 onwards, where available.
This mapping study is divided into 7 chapters. After the executive summary, the second chapter sets out the
legislative framework surrounding statelessness and the definition, causes and consequences of statelessness
across the globe, while the third chapter examines statelessness in Ireland both with respect to the domestic legal
framework and the practice. Chapter 4 provides a statistical overview of stateless persons in Ireland while chapter
5 focuses specifically on the right to obtain a travel document and access citizenship. Chapter 6 examines the
reduction and prevention of statelessness in relation to children born in Ireland and the withdrawal of citizenship.
The final chapter sets out the conclusions from this report and presents recommendations for the Irish authorities.
2.1 Statelessness across the Globe
Statelessness is a global phenomenon. UNHCR estimates that there are at least 4.3 million stateless persons
worldwide.5 However, as most countries do not systematically collect any data on statelessness, the actual figure
is believed to be substantially higher. The following sections look at the definition of a ‘stateless person’, the
causes of statelessness and the consequences of being stateless for individuals concerned. UNHCR’s mandate
with regard to stateless persons is also outlined in this section.
2.1.1 Definition of Statelessness
According to Article 1(1) of the 1954 Convention, a stateless person is someone ‘who is not considered as a
national by any State under the operation of its law.’ The International Law Commission has concluded that this
definition constitutes customary international law.6 The term ‘stateless person’ is given this meaning in this report.
The UNHCR Handbook on Protection of Stateless Persons sets out further guidance on interpreting this definition.7
8
4
UNHCR, Mapping Statelessness in Belgium, October 2012, available at: https://www.refworld.org/docid/5100f4b22.html;
UNHCR, Mapping Statelessness in Denmark, 10 November 2020, available at: https://www.refworld.org/docid/5fe138154.html;
UNHCR, Mapping Statelessness in the Netherlands, November 2011, available at: https://www.refworld.org/docid/4eef65da2.html
5
UNHCR, Mid-Year Trends 2022, available at: https://www.unhcr.org/statistics/unhcrstats/635a578f4/mid-year-trends-2022
6
ILC, Commentary on the Draft Articles on Diplomatic Protection (2006) p. 49, para 3 of the commentary, available at:
http://untreaty.un.org/ilc/texts/instruments/english/commentaries/9_8_2006.pdf
7
UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, available at: https://www.refworld.org/docid/53b676aa4.html
(hereinafter UNHCR’s Statelessness Handbook).
Mapping Statelessness in Ireland