Implementing the statelessness provisions in the EU Pact on Migration & Asylum
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October 2024
Ensures that monitoring of Pact implementation specifically addresses and
assesses how the statelessness provisions are being implemented in practice
and identifies arears where additional support may be needed, including to
ensure that stateless persons are channelled to appropriate procedures to
determine their statelessness (APR Art 27(2)) and do not end up in situations of
limbo when there is no prospect of return/removal
Ensures that adequate resourcing is available to support the implementation of
the new statelessness provisions, including resourcing for civil society initiatives
Ensures that statelessness and nationality matters are raised and discussed as
appropriate in relevant expert/network meetings especially those relating to
Building Block 9 of the Common Implementation Plan
Ensures that statelessness is adequately reflected in the five-year European
Strategy on Migration and Asylum, as well as national strategies on migration
and asylum due to be published in 2025
2. The EU Asylum Agency
- Carefully considers the new statelessness provisions and seeks input from
statelessness experts when revising and updating its products and activities to
reflect the changes under the Pact
- Ensures that appropriate information and guidance on how to implement the
new statelessness provisions are incorporated into any new products relating
to vulnerability, screening/registration, border procedures, and other relevant
areas, and that national authorities and Agency staff have access to
appropriate tools to support the implementation of these new provisions
- Works with civil society experts to ensure the European Asylum Curriculum
includes appropriate information and training on statelessness for all relevant
officials including those responsible for screening, asylum determination,
information provision, and other relevant areas. This should include guidance on
how to identify indications of statelessness, for example by developing and/or
incorporating standalone, accessible, operational guidelines for frontline
officials
- Ensure that statelessness is mainstreamed across all relevant products and
activities, recognising the crosscutting nature of statelessness
3. The Fundamental Rights Agency
- Revises its guidance for Member States on Fundamental Rights Monitoring to
support monitoring of the specific rights of stateless persons in national
independent fundamental rights monitoring mechanisms to ensure access to
the rights and protections enshrined in the 1954 Convention Relating to the
Status of Stateless Persons and other fundamental rights, including Article 7 of
the Convention on the Rights of the Child
- Ensure that when updating its Guidance on Minors/Guardianship that this
reflects the new provisions on statelessness and incorporates adequate
information to support the identification of indications of statelessness among
minors and referral to appropriate procedures for the determination of
statelessness/nationality
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