What are the best ways of protecting stateless persons?
The most effective way to protect stateless persons is by crafting legislation that
makes it impossible to create a situation of statelessness in the first place (see Chapter
“Preventing statelessness” for a full discussion of the 1961 Convention and of related
measures that States can adopt to reduce or eliminate statelessness).
Until the problem of statelessness is eliminated, however, persons recognized as
stateless must be protected. Acceding to and implementing the 1954 Convention and
adopting implementing legislation will ensure that the rights and obligations of stateless
persons are respected.
As discussed above, the 1954 Convention does not alter an individual’s nationality, nor
does it oblige States to admit non‑refugee stateless persons to their territory. Applying the
provisions of the 1954 Convention is not a substitute for granting nationality. Wherever
possible, States should facilitate the assimilation and naturalization of stateless persons
who are living on their territory through nationality legislation and practice. For large‑scale
statelessness situations, rules for conferral of nationality can be changed so that all
persons resident in the territory are considered nationals provided that they were born
on the territory (or have resided there) before a certain date, or are descended from such
persons.
Kyrgyzstan adopted comprehensive reforms in 2007, which enabled thousands of
stateless people to acquire nationality. Approximately 40,000 persons had lived in
Kyrgyzstan without any citizenship for more than a decade after independence, most
of them ethnic minorities who had migrated from other parts of the former Soviet
Union, and did not automatically acquire Kyrgyz citizenship or citizenship in any other
successor state of the former Soviet Union. The 2007 law recognized as citizens all
former Soviet citizens who were stateless and had resided in Kyrgyzstan for five years
or more.
In some exceptional cases, it may not be possible for stateless persons to have their legal
status normalized in the country in which they are living. Resettlement in another country
may thus be the appropriate solution for these individuals. While States’ resettlement
criteria usually do not cover situations of statelessness (resettlement is more often used
for refugees), UNHCR’s Executive Committee has called upon States to expand their
criteria to include stateless persons. In its Conclusion No. 95 (2003), ExCom:
“Encourage[d] (ExCom) States to cooperate with UNHCR on methods to resolve
cases of statelessness and to consider the possibility of providing resettlement
places where a stateless person’s situation cannot be resolved in the present host
country or other country of former habitual residence, and remains precarious…”
UNHCR can offer advice and assistance to States on both the integration and the
resettlement of stateless persons.
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