implementing statelessness determination procedures, as a useful tool for states, and how to
uphold procedural guarantees in such processes.
8.
The session was opened with the testimony of an invited speaker who shared his
personal experience as a stateless individual. In his powerful statement, he explained how the
lack of easily accessible information about statelessness, difficulties in accessing legal aid,
and lengthy procedures to determine statelessness and enable access to nationality impacted
not only on the exercise of his rights, but also on his wellbeing and life opportunities.
I.
Establishing and implementing statelessness determination procedures and
procedural guarantees, including access to legal aid and assessment of evidence
“I am still a human being with the same emotions and feelings as everyone else. The
stateless recognition process is complex, in reality there is no easy route about being
recognized stateless and regularising your stay. ”
(Raymond Santamaria)8
9.
A stateless determination procedure is a mechanism for determining whether an
individual is statelessness. In the last decades, an increasing number of states have put in
place a formal statelessness determination procedure within their legal system, although there
is no standardised procedure as such regarding the manner in which they determine
statelessness. To date, only a few Council of Europe member states appear to have adopted
such procedures 9.
10.
One of the primary concerns that emerged during the discussions was the lack of
information available for individuals on statelessness and available procedures at domestic
level. Experts and stateless individuals underlined the need to raise awareness on how to
access these procedures in a language and format which the applicant understands (if
necessary, via translation and/or by interpreters). It was noted that in some countries,
applicants were not able to initiate procedures themselves.
11.
The testimonies of stateless individuals in the meeting highlighted that procedural
improvements remained necessary, even in countries where there was a statelessness
determination procedure in place.
12.
Access to legal aid was emphasised during the discussion as a key element in the
stateless determination. It was noted that in most countries, access to legal aid was provided
for asylum seekers or other international protection applications, but it was not automatically
available to stateless persons.
13.
Experts stressed the legal complexity of statelessness cases and the need for
applicants to receive experienced legal assistance from lawyers specialised in the field of
See also “I am Human” , poem from Raymond Santamaria and his testimony.
Bulgaria, France, Georgia, Hungary, Italy, Latvia, Luxembourg, Republic of Moldova, Spain, Türkiye,
Ukraine and the United Kingdom.
8
9
9