Oleksandra Zmiyenko
Saggi – DPCE online, 2020/4
ISSN: 2037-6677
5261
Each of the above-mentioned causes may be relevant in the context of forced
migration, whether statelessness occurred before or after displacement. At the
same time, the attempts to measure the size of the stateless population
traditionally lead to a dichotomous division: in situ stateless and stateless
migrants9. And whether addressing statelessness within the former category is
‘superficially’ subjected to improving legislation of the country in question as to
allow for nationalisation of its endemic stateless persons, the latter is perceived as
a greater challenge, coming from external countries. Both of them, however,
represent a grave human rights violation that should be addressed at all possible
levels.
A historical analysis of the development of the UNHCR mandate to address
statelessness may indicate that those two categories are interlinked, despite the
apparent differences in possible policy responses. In the last century, dual
nationality was regarded as an equally negative phenomenon as statelessness10,
with the development in human rights law the former became increasingly
tolerated11, whereas the latter, being a violation of a human right to a nationality,
gained a greater degree of attention. In 1995, nearly four decades after the
adoption of the 1961 Convention on the Reduction of Statelessness (hereinafter
1961 Convention), UNHCR assumed its global mandate to address statelessness.
This did not happen during the Cold War, however the reluctance of the
international community to confer a global mandate to UNHCR diminished due
to emergence of statelessness cases in Eastern Europe12. Thus, it may be concluded
that a situation of in situ stateless population rather than a situation of stateless
migrants became a trigger for the international community to provide UNHCR
with a greater role in nationality-related issues.
Nearly two decades after assuming its global mandate, UNHCR issued the
Global Action Plan to End Statelessness13. The document features ten actions to end
statelessness, which may be divided among four main topics: resolving existing
situations; preventing new ones, identifying and protecting stateless persons.
Acknowledging the limitations of the scope of the paper deriving from the context
of forced migration and the general topic of the special issue which reflects on the
idea of governing through uncertainty, the further analysis focuses on the actions
9 Institute on Statelessness and Inclusion (ISI), The World Conference on Statelessness,
Grand Challenge 5 Session, 26 – 28 June, the Hague, the Netherlands, available at
www.institutesi.org/conference accessed on 7-7-2020.
10 See e.g. League of Nations, Convention on Certain Questions Relating to the Conflict of
Nationality Law, 13 April 1930 in League of Nations, 179 Treaty Series 4137, 89, available at:
https://www.refworld.org/docid/3ae6b3b00.html accessed on 7-7-2020.
11 O. Vonk, Dual nationality in the European Union: a study on changing norms in public and private
international law and in the municipal laws of four EU member states, Martinus Nijhoff Publishers,
Leiden, 2012,157.
12 M. Seet, The Origins of UNHCR’s Global Mandate on Statelessness, in 28 International Journal
of Refugee Law 1, 23 (2016).
13 UNHCR, Global Action Plan to End Statelessness, 2014, available at
www.unhcr.org/protection/statelessness/54621bf49/global-action-plan-end-statelessness2014-2024.html accessed on 7-7-2020.