7.1 Recommendations:
In order to facilitate Ireland’s full compliance with its obligations under the 1954 and 1961 Conventions and to
ensure that stateless persons are able to enjoy the rights to which they are entitled, UNHCR makes the following
recommendations to the government of Ireland. Some of the recommendations are procedural in nature while
others are focused on providing a more appropriate framework for individuals who are currently residing in
Ireland and not formally recognised as stateless. The main recommendation is the introduction of a statelessness
determination procedure, but suggestions are also provided on mechanisms which can be utilised in the interim
period before introducing such a procedure. All the recommendations fall within one or more of the four categories
of identification, prevention and reduction of statelessness, and/or protection of stateless persons in line with the
1954 and 1961 Conventions. UNHCR remains at the disposal of the government to assist in the implementation of
these recommendations:
1 Establish and implement a statelessness determination procedure to allow for the identification and
protection of stateless persons
Ireland should establish an accessible and efficient statelessness determination procedure in line with its obligations
under the 1954 Convention and human rights law. Such a procedure should adhere to international best practice in
this area as highlighted in UNHCR’s guidance and would meet the recommendation of the UN Committee on the
Elimination of All Forms of Racial Discrimination to establish such a procedure.140 It could be introduced by way of
a new legislative framework which would include provisions guaranteeing stateless persons the respective rights
to which they are entitled under the 1954 Convention.
2 Consider acceding to the European Convention on Nationality
The European Convention on Nationality was adopted by the Council of Europe in 1997 and entered into force in
2000. Among the main principles of the Convention are the prevention of statelessness and non-discrimination in
matters related to nationality.
3 Establish an effective quantitative and qualitative data collection procedure and ensure statistics are
systematically gathered in relation to stateless persons
Data collection should be harmonized among various government departments to ensure a consistent approach
to accurate data recording on stateless persons in Ireland. Collecting statistical data will ensure an enhanced
understanding of the scope of the problem of statelessness and assist with developing solutions to meet the needs
of stateless persons in Ireland. UNHCR’s guide to researching statelessness may be of assistance in undertaking
qualitative and quantitative data collection.141
4 Increase awareness of statelessness and its impact among the various governmental institutions,
departments and other relevant independent bodies who may encounter stateless persons.
Awareness raising initiatives could be employed in the Department of Justice, Immigration Service Delivery
units including the International Protection Office, Repatriation Division and Citizenship Unit among others.
Consideration could also be given to employing awareness raising initiatives with other relevant bodies including
the International Protection Appeals Tribunal, the Legal Aid Board and An Garda Síochána. This could be facilitated
by not only establishing a focal point on statelessness in each of these departments and relevant bodies but also
providing training and guidance on the identification and protection of stateless persons.
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140
ICERD, Concluding Observations on the Combined Fifth to Ninth Reports of Ireland, CERD/C/IRL/CO/5-9, 23 January 2020, available at:
https://bit.ly/3YswxBt
141
UNHCR, Quick Guides: Researching Statelessness, March 2021, available at: https://www.refworld.org/docid/6054c9ca4.html
Mapping Statelessness in Ireland