56.
Ms Christina Bukalo17 underlined that in order to solve and improve the situation of
stateless individuals, international or national representatives and other stakeholders need to
be in direct contact with stateless individuals. She stressed that there is always a gap between
theory and reality, and this can only be understood by listening to those who experience these
difficulties with the aim of identifying how international or national representatives could best
support these vulnerable persons. She emphasised that: “It’s one thing that I was not given a
nationality, but it’s not acceptable, that I was not even given the information I would need to at
least cope with this situation”.
57.
Ms Gillian Triggs underlined that with concerted efforts and political will, statelessness
could be resolved and eliminated. She highlighted that significant improvements in addressing
statelessness in Europe were achieved in the past few years. Nonetheless important gaps
remained in Europe, particularly in the area of identification and protection of stateless persons
and in addressing childhood statelessness. She stressed that the only way to resolve
statelessness is for stateless persons to acquire a nationality. In the meantime, she
encouraged states to introduce statelessness determination procedures where they did not
already exist and to ensure that any person recognized as stateless enjoyed the rights to which
they are entitled under the 1954 Convention until they acquired a nationality.
58.
Mr Chris Nash emphasized the importance of identifying and protecting stateless
individuals in particular in light of the COVID-19 pandemic. “You cannot solve the problem if
you can’t see it” he recalled. Due to the lack of legal frameworks to identify and resolve
statelessness, stateless people’s enjoyment of the right to health varies significantly from
country to country and many barriers are encountered. To date, stateless people remain
largely invisible in responses at national, regional, and global level. COVID-19 exacerbated
pre-existing discrimination, social exclusion, and deprivation experienced by many stateless
people in Europe. Social, structural, and environmental determinants of health have worsened,
including racism and xenophobia; poor and congested living conditions; lack of sanitation and
hygiene; chronic (mental and physical) ill health; overrepresentation in the informal labour
market; and lack of access to healthcare and social security. During the pandemic, many
stateless people have lost their sources of income, had to work whilst sick and without
adequate protection, been unable to access state aid and healthcare, and children’s education
has been disrupted.
59.
Mr Christophe Poirel recalled that it is for the member states of the Council of Europe
to guarantee to everyone on their territory the fundamental rights provided for in the European
Convention on Human Rights. This implies in particular the right to be treated with respect and
dignity and on an equal footing. He drew attention that, although the European Convention on
Human Rights does not expressly mention a right to nationality, the European Court pays
particular attention to this issue within the framework of Article 8 of the ECHR on the right to
respect for private and family life. The European Committee of Social Rights, in its
interpretative observation on the rights of stateless persons under the European Social
17
See testimony of Christiana Bukalo
20