dedicated asylum determination procedures in almost all those European states that
have acceded to the 1951 Refugee Convention. Recent research11 reveals that the
absence of a route by which stateless persons can regularise their status leaves these
individuals at risk of a range of human rights abuses. Many stateless persons find
themselves destitute and/or subjected to long term immigration detention despite
there being no prospect of return. Few are in a position to break this cycle, and as a
consequence are left in legal limbo for years. Recent awareness-raising efforts by ENS
and other civil society actors have sought to draw greater attention to this issue12, as
well as share good practices13 which would help address this.
Recommendations
9.
As the Human Rights Council has stated that “[t]he second and subsequent cycles of
the review should focus on, inter alia, the implementation of the accepted
recommendations and the developments of the human rights situation in the State
under review”,14 these recommendations relate back to and build on the
recommendation by Ecuador during the First Cycle UPR of Estonia on 28th March 2011,
that Estonia “Resolve the problem of persons without citizenship, and prevent such
cases from arising in the future”.
10.
In this regard, the co-submitting organisations note that despite recent welcome
reforms, Estonia still falls short of fulfilling international obligations with respect to the
right to a nationality and has failed to establish a legal framework for the protection of
stateless persons beyond the specific in situ population of “persons of undetermined
citizenship”. Based on our collective and continuous research, advocacy and
engagement on the issue of statelessness and in relation to the points made in this
submission, in order to address fully the situation of statelessness in the country, it is
recommended that:
11
See for example mapping studies conducted by UNHCR in Belgium, Finland, Iceland, Malta, the Netherlands and
the UK, available at: http://www.refworld.org/cgibin/texis/vtx/rwmain?page=search&skip=0&query=Mapping+Statelessness&coi
12
See for example European Network on Statelessness, Still Stateless, Still Suffering – Why Europe Must Act Now to
Protect Statelss Persons, October 2014, available at:
http://www.statelessness.eu/sites/www.statelessness.eu/files/ENS_Still_Stateless_Still_Suffering_online%20versi
on_2.pdf
13
See for example European Network on Statelessness, Good Practice Guide on Statelessness Determination and
the Protection Status of Stateless Persons, December 2013, available at:
http://www.statelessness.eu/sites/www.statelessness.eu/files/attachments/resources/Statelessness%20determin
ation%20and%20the%20protection%20status%20of%20stateless%20persons%20ENG.pdf
14
Human Rights Council, Resolution 16/21: Review of the work and functioning of the Human Rights Council, UN
Doc. A/HRC/RES/16/21, April 2011, Annex 1, Para 6.