Article 32 of the 1954 Convention relating to the Status
of Stateless Persons requires States Parties to make
the naturalization process as accessible as possible
to stateless persons. While SDPs provide a route to
ultimately resolving statelessness through acquisition
of nationality, facilitating naturalization means modifying
the requirements and processes to make it simpler for
stateless persons to become nationals. This can be done
by implementing fast-track procedures, reducing or waiving
requirements relating to residence, income and language,
or exempting applicants from fees and documentation
requirements. Ensuring effective access to naturalization
procedures is crucial and information about these
requirements should be readily available to the public.
What needs to be done?
The 1954 Convention establishes a regime to protect the
rights of stateless persons. The 1954 Convention requires
States to establish procedures to determine who is stateless
within their territory, including those in detention who cannot
be expelled. This determination permits stateless migrants
to acquire secure legal residence, which in turn allows them
to enjoy basic human rights and accumulate the number of
years of residence necessary for naturalization. In addition,
officials who may come in contact with stateless persons or
those with undetermined nationality should be trained to
identify potential applicants for statelessness status and refer
them to appropriate channels. Efficient referral mechanisms
should be established to support this process.
Naturalization procedures and requirements need to be
amended to make it easier for stateless refugees and
migrants to acquire nationality, for instance by reducing the
required number of years of residence or lowering or waiving
application fees. Information on naturalization requirements
needs to be easily accessible.
States can take such measures even if they are not party
to the 1954 Convention. Evidence shows that establishing
statelessness determination procedures does not increase
the migration of stateless persons into the territory of
States with such procedures.
How can UNHCR support?
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•
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Advocate and provide technical advice to relevant
ministries and parliaments for the establishment
and improvement of determination procedures and
protection regimes.
Provide training to increase the capacity of relevant
government agencies to undertake statelessness
determination.
Support the establishment of screening processes to
improve identification of stateless persons detained for
immigration-related purposes and secure the release
of such persons from detention pending a decision
on their status consistent with the 2014 Monitoring
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Immigration Detention: Practical Manual.28
Promote naturalization as a solution for stateless
migrants and refugees and emphasize the need to
adopt facilitated procedures that take into account
their special needs.
Organize study visits by concerned governments to
States with well-established determination procedures,
including through cooperation opportunities offered
by the Global Alliance to End Statelessness.
Encourage States that are not already party to the 1954
Convention to accede in accordance with the activities
set out under Action 9.
RELEVANT INTERNATIONAL STANDARDS
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•
•
•
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Article 15, Universal Declaration of Human Rights
1954 Convention relating to the Status of Stateless persons – entire treaty
UNHCR Handbook on Protection of Stateless Persons – entire document
UNHCR, Draft Articles on the Protection of Stateless Persons and the Facilities for their Naturalization, 2017
UNHCR Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect
Stateless Persons, 2020 – The Good Practices Paper complements the Handbook on Protection of Stateless
Persons; however, the Handbook remains the authoritative UNHCR guidance on the issue and should be
disseminated and cited as such.
RELEVANT SUSTAINABLE DEVELOPMENT GOALS
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SDG 10. Reduce inequality within and among countries.
SDG 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for
all and build effective, accountable and inclusive institutions at all levels.
28
UN High Commissioner for Refugees (UNHCR), UNHCR, Association for the Prevention of Torture (APT) and the International Detention
Coalition (IDC), “Monitoring immigration detention: practical manual”, 2014, https://www.refworld.org/policy/opguidance/unhcr/2014/
en/99608.
GLOBAL ACTION PLAN TO END STATELESSNESS 2.0
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