UNHCR has been involved in statelessness issues and with stateless persons since
it began operations in 1950. The organization is mandated by the United Nations to
protect refugees and to help them find solutions to their plight. Many of the refugees the
organization has assisted throughout the years have also been stateless. Indeed, over the
past several decades, the link between the loss or denial of national protection and the
loss or denial of nationality has been well established. It is also now generally understood
that possession of a nationality and the ability to exercise the rights inherent in nationality
help to prevent involuntary and coerced displacements of persons. Since 1995, the
mandate of the office has been expanded by the UN General Assembly to include
responsibilities relating to non‑refugee stateless persons and prevention and reduction of
statelessness more broadly. These resolutions are universal in scope and do not restrict
UNHCR’s activities to those states which are party to the statelessness conventions.
How did UNHCR become involved with the issue of statelessness?
Over the years, UNHCR’s role in helping to reduce the incidence of statelessness and
in assisting stateless persons has expanded. Its work in the field of statelessness is
mandated by UN General Assembly resolutions, and through the recommendations of the
organization’s own governing body, the Executive Committee of the High Commissioner’s
Programme (ExCom). ExCom is composed of representatives from countries –
87 countries are members as at January 2014 – elected by ECOSOC, based on their
demonstrated interest in finding solutions to refugee problems.
Article 11 of the 1961 Convention calls for the establishment “of a body to which a person
claiming the benefit of this Convention may apply for the examination of his claim and
for assistance in presenting it to the appropriate authority”. When the 1961 Convention
entered into force in 1975, the UN General Assembly asked UNHCR to fulfil this role. With
respect to the 1954 Convention, ExCom Conclusion 106 of 2006, endorsed by the UN
General Assembly, calls on UNHCR to “provide technical advice to States Parties on the
implementation of the 1954 Convention so as to ensure consistent implementation of its
provisions”.
In 1995, the ExCom adopted a comprehensive set of guidelines on the issue of
statelessness: the Conclusion on the Prevention and Reduction of Statelessness and
the Protection of Stateless Persons (Conclusion no 78). ExCom’s 1995 Conclusion on
statelessness “encourages UNHCR to continue its activities on behalf of stateless
persons” and “requests UNHCR actively to promote accession to the 1954 Convention
relating to the Status of Stateless Persons and the 1961 Convention on the Reduction
of Statelessness”. The ExCom Conclusion also asks UNHCR “actively to promote the
prevention and reduction of statelessness through the dissemination of information, and
the training of staff and government officials; and to enhance cooperation with other
interested organizations”.
In 1996, the UN General Assembly adopted a resolution (A/RES/50/152) that similarly
encourages the High Commissioner to continue activities on behalf of stateless persons
and to promote accession to and implementation of the 1954 and 1961 Conventions.
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