5.4 Challenges in the reduction of statelessness Encouraged by recent efforts by different countries to reduce statelessness, UNHCR set a target for the world of confirming or granting nationality to at least a further 500,000 stateless persons during 2010 and 2011.155 The developments highlighted above show how the ASEAN region is playing its part in meeting this target. However, no comprehensive data is available on the overall impact of the laws and policies discussed, making it difficult to determine the exact scope of advances made in the region in terms of the reduction of statelessness. In fact, the overall lack of detailed and reliable information on current situations of statelessness may be hampering the further development of reduction strategies in the region. As previously discussed, many countries have identified populations that are at heightened risk of statelessness, but the number and profile of persons who are stateless at present is unclear. This can form an obstacle to the reduction of statelessness. For example, incomplete identification can result in inflated figures that may discourage stakeholders from taking up the issue. Even with the required will to begin to resolve cases of statelessness, the population concerned must be fully mapped before an appropriate strategy can be developed. Therefore, until the identification of statelessness is tackled in a more consolidated fashion, reduction efforts may not be fully effective and may neglect some potential beneficiaries. Nevertheless, the growing catalogue of examples of substantial reduction efforts both within and outside the region is evidence of what can be achieved. These examples, when explored in detail, provide valuable guidance as to how similar results can be accomplished in comparable situations elsewhere – what steps are involved, what obstacles may come up and what solutions can be implemented. While a comprehensive reduction campaign is the most direct way to achieve results when a stateless population has been identified, the importance of individual naturalisation procedures should not be underestimated. There is a danger that by developing a strategy that only addresses the known situations of statelessness some persons may be overlooked by what is essentially an ad hoc policy. Or, indeed, the adoption of such a strategy may currently be out of reach. By providing in the law for the facilitated naturalisation of stateless persons, states are able to reduce statelessness over time without needing to fully map situations of statelessness within their borders. Legislation in the ASEAN region remains underdeveloped in this area and states should give renewed thought to facilitating the naturalisation of stateless persons – as a stand-alone reduction strategy or a compliment to other ongoing reduction efforts. Here, article 32 of the 1954 Convention relating to the Status of Stateless Persons provides guidance that can be informative whether a state has acceded to this instrument or not.156 6. Protection of stateless persons Where stateless persons have been identified, it is important to ensure that they enjoy their fundamental rights as set out under international law until their situation is resolved. This is what “protection” means: respecting, protecting and fulfilling the rights of stateless persons. These include the right to education, to work, to healthcare, to marry, to access courts, to travel and many others. In accordance with their human rights obligations, states bear a responsibility to protect these rights for all persons within their jurisdiction, including those who are stateless. 155 UNHCR, Global Strategic Priorities (1.3), EC/60/SC/INF.2, 31 August 2009. “The Contracting States shall as far as possible facilitate the assimilation and naturalisation of stateless persons. They shall in particular make every effort to expedite naturalisation proceedings and to reduce as far as possible the changes and costs of such proceedings”. Article 32 of the 1954 Convention relating to the Status of Stateless Persons. The European Convention on Nationality also provides guidance on facilitated naturalisation for stateless persons, declaring that “favourable conditions” should be put in place which may include “a reduction of the length of required residence, less stringent language requirements, an easier procedure and lower procedural fees”. See Council of Europe, European Convention on Nationality: Explanatory Report, Strasbourg, 1997. Note that UNHCR’s Executive Committee has encouraged states which have not yet acceded to the 1954 Convention relating to the Status of Stateless persons “to consider, as appropriate, facilitating the naturalization of habitually and lawfully residing stateless persons in accordance with national legislation”. UNHCR Executive Committee, Conclusion on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons, No. 106, 6 October 2006. 156 23