INTRODUCTION
It is estimated that there are millions of stateless persons worldwide. A stateless
person is defined as someone who is “not considered as a national by any State
under the operation of its law,” 1 and is thus someone without any nationality or
citizenship.2
Addressing statelessness is a foundational and integral part of UN efforts to
strengthen the rule of law.3 The causes and consequences of statelessness
undermine the rule of law. It often arises from discrimination and arbitrary laws
or practices, and stateless persons cannot enjoy full equality with citizens.
Statelessness results in widespread denial of human rights and the phenomenon
of statelessness itself violates the universal human right to a nationality.
Statelessness often leads to limits on access to identity documentation education,
health care, legal employment, property ownership, political participation and
freedom of movement. Women and members of minority groups are at
heightened risk of statelessness, rendering them particularly susceptible to a
range of abuse. Stateless children also suffer acute vulnerabilities; deprived of
their rights in childhood as a result of their status diminishes their chances for
better futures. The cycle of statelessness and marginalization is difficult to break.
Statelessness has a detrimental impact not only on individuals but also on
societies more generally, in particular, because excluding entire sectors of a
population can create social and political tensions and significantly impair efforts
to promote economic and social development.
Action by the UN to address the causes and consequences of statelessness is an
essential component of both conflict prevention efforts as well as social,
economic, and legal development agendas. Statelessness is also often closely
related to discrimination against specific groups, including women and racial,
ethnic, religious and linguistic minorities, or on the basis of perceived national
origin. Acquisition of nationality by individuals who have strong links to a State
based on factors such as birth on the territory, descent and residence is a key
means of giving them a stake in society. Where statelessness has been a
contributing factor to conflict, initiatives to grant nationality to stateless
populations should be incorporated into programmes to restore justice and the
rule of law, including effective public administration.
Reduction of statelessness can bolster national reconciliation and help prevent a
return to conflict. When linked with efforts to address underlying societal
discrimination, UN action to resolve statelessness may also form the basis for
poverty reduction and sustainable, inclusive development. The 2030 Agenda for
1
As defined in article 1(1) of the 1954 Convention relating to the Status of Stateless Persons, a definition considered by
the International Law Commission to form part of customary international law. International Law Commission, Draft
Articles on Diplomatic Protection with Commentaries, 2006, p.49. For the purposes of this Guidance Note, all references
to “stateless persons” denote those who meet the international definition of a stateless person in article 1 of the 1954
Statelessness Convention.
2
In this Guidance Note, the terms nationality and citizenship are used interchangeably to describe the legal bond between
an individual (the national or citizen) and a State. While both terms are often used interchangeably in public international
law, it should be noted that on the national level, these terms are often given distinct meanings.
3
The Secretary General of the UN defines the rule of law as “a principle of governance in which all persons, institutions
and entities, public or private, including the State itself, are accountable to laws that are publicly promulgated, equally
enforced and independently adjudicated, and which are consistent with international human rights norms and standards.”
Report of the Secretary General: The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, para. 6
(2004).
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