Implementing the statelessness provisions in the EU Pact on Migration & Asylum - - - - October 2024 Ensure that statelessness is adequately considered in all relevant procedures, including the Return Border Procedure, and action taken to facilitate access to the territory where appropriate given that stateless people are very likely to have no country to which they can return and are at particular risk of ending up in limbo and arbitrary detention if found to be unreturnable Consider applying a higher standard than EU law to facilitate access to the territory if complex questions of fact or law emerge during the Asylum Border Procedure, and in order to facilitate access to a statelessness determination procedure at an appropriate juncture in international protection proceedings Ensure that the specific international law standards relating to the protection of stateless persons and prevention and reduction of statelessness are reflected in their independent fundamental rights monitoring mechanisms When developing information materials, ensure that these include specific information for stateless applicants and those with undetermined nationality Ensure that where they are developing new mechanisms for free legal counselling, these include adequate capacity and training to provide counselling on the specific rights and procedures for stateless persons and those with undetermined nationality 8. UNHCR - Incorporates language and recommendations on statelessness into publications, tools, messaging, and advocacy interventions at regional and national levels to ensure statelessness is mainstreamed across UNHCR’s engagement with the EU and Member States on Pact implementation - Undertakes activities to ensure that the Pact is implemented in accordance with international law and UNHCR guidance, in particular the Handbook on Protection of Stateless Persons 9. Civil society, legal, and other support providers - Ensure they have adequate knowledge and capacity to support stateless individuals and those with undetermined nationality to be properly identified and to access their rights and appropriate routes to protection and/or to signpost them to specialist providers - Adequately mainstream statelessness knowledge, capacity, and information in their services, programmes, training, resources, and advocacy relating to implementation of the Pact - Identify current and future gaps on the protection of stateless persons within Pact implementation, and where relevant, challenge Member States and EU bodies through advocacy to act in addressing such gaps - Work with ENS and its members to develop specialist tools and resources to support implementation of the statelessness provisions, including toolkits for the identification of statelessness, and other resources Effective implementation of the new statelessness provisions and improved protection for stateless applicants and beneficiaries of international protection will require the Commission, EU Agencies, and Member States to work with relevant experts such as UNHCR, ENS, and our members – including stateless individuals and community representatives, and others – to channel necessary expertise into monitoring and implementation. The perspectives of stateless individuals and community representatives