or open a bank account.30 In this way, poverty becomes an integral part of stateless
life. Small-scale fraud can be commonplace, as the stateless assume fake identities or
purchase falsified documents to register a marriage or businesses.
25. On a wider level, statelessness may hamper social development efforts, because “the
concept of statelessness introduces a power-dynamic that is particularly challenging
for the design and delivery of effective pro-poor social development programmes”.31
Furthermore, the marginalization and disenfranchisement suffered by stateless people
have negative effects for regions at large. “The refusal to grant citizenship to a large
number of titular residents may severely affect the balanced integration of all groups in
society. Thus, it may represent a security threat.”32
26. Often, statelessness may result in the denial of a person’s right to reside in the country,
which results in a heightened chance of expulsion from their own country.33 Even if this
does not occur, it is rather conceivable that a stateless person would wish to leave behind
all of the above. However, legitimate international travel may not be an option, resulting
in significantly increased exposure to human smugglers and traffickers; “an industry that
thrives on the desperation of individuals”.34
2.3 Role of UNHCR in the protection
of stateless persons
27. UNHCR is not explicitly mentioned in either the 1954 Convention relating to the Status of
Stateless Persons or the 1961 Convention on the Reduction of Statelessness. However,
as outlined in greater detail below, the UN General Assembly has subsequently designated
UNHCR as the appropriate “body” under Article 11 of the 1961 Convention and recognized
UNHCR more generally as the UN institution with an international protection mandate for
stateless persons.35
12
30
UNHCR, “Action to Address Statelessness: A Strategy Note”, 14.
31
.K. Blitz, “Statelessness, Protection and Equality”, Refugee Studies Centre, Forced Migration
B
Policy Briefing no. 3 (2009), 3.
32
ddress by K. Vollebaek, OSCE High Commissioner on National Minorities, to the Expert
A
Consultation on “Issues related to minorities and the denial or deprivation of citizenship”, convened
by the UN Independent Expert on Minority Issues, G. McDougall, Geneva, 6 December 2007,
available at http://www.osce.org/files/documents/a/4/29915.pdf [accessed 23 September 2011].
33
See generally, UN Human Rights Committee (HRC), CCPR General Comment No. 27: Article 12
(Freedom of Movement), 2 Nov. 1999, CCPR/C/21/Rev.1/Add.9, available at: http://www.unhcr.org/
refworld/docid/45139c394.html.
34
. Lynch, “Statelessness: International blind spot linked to global concerns”, Refugees
M
International Field Report (2 September 2009), 2.
35
“ Keynote Address by Volker Türk on UNHCR’s Role in Supervising International Standards in the
Context of its Mandate”, York University, Toronto, Canada, 19 May 2010, available at: http://www.unhcr.
org/4bf406a56.html. See Article 33 of the 1954 Convention relating to the Status of Stateless Persons
(the Secretary-General is nominally mentioned but it means in practice UNHCR); Article 11 of the 1961
Convention on the Reduction of Statelessness and both instruments in conjunction with General Assembly
resolutions 3274 (XXIX) and 31/36 (where UNHCR was designated as the appropriate “body” under Article
11 of the 1961 Convention); see further GA resolutions 49/169 (para. 20); 50/152 (para. 14 where it was
clarified that UNHCR’s activities on behalf of stateless persons are part of the Office’s statutory function of
providing international protection, and para. 15); 61/137 (para. 4) and subsequent resolutions, as well as
UNHCR Executive Committee Conclusions (in particular Conclusions Nos. 107, 106, 96, 90, 78, 68).
Mapping statelessness