On the other hand, it is important to acknowledge that there have – especially over the course of the last
decade – been many initiatives within the region that have had a highly positive impact. As explained,
these examples of ASEAN states’ response to statelessness form the central focus of this paper.
1.3 Building a response to statelessness
According to UNHCR, there are four aspects or “pillars” to a response to statelessness: identification,
prevention and reduction of statelessness and protection of stateless persons.19 This conceptual
framework is an invaluable tool in understanding how statelessness can be addressed.
Identification:
What methods can be used to “map” the situation of stateless persons and
individuals at risk of statelessness?
Prevention:
What can be done to avoid new cases of statelessness?
Reduction:
What measures can be taken to resolve existing cases of statelessness?
Protection:
What is needed to ensure that stateless persons enjoy their fundamental rights,
pending a comprehensive solution to their situation?
Thus, for instance, the identification of statelessness may be accomplished through a specially tailored
population survey while the reduction of statelessness may be achieved by helping stateless persons to
access naturalisation procedures. It is important to realise that activities in one pillar can also help to
achieve objectives under another. One example is the issuance of identity documents to stateless
persons. This can have an immediately positive effect in terms of protection, while also laying the
groundwork for the reduction of statelessness in the future by ensuring that these individuals have proof
of their existing ties to the state. As such, it can be helpful to consider whether there is scope to serve
multiple objectives through the design or implementation of a particular activity. After offering a brief
overview of the tools that the international legal framework provides for addressing statelessness, this
paper discusses regional good practices for each of the four pillars.
2. International legal standards relating to statelessness
International law gives states the tools that they need to identify, prevent and reduce statelessness as
well as to protect stateless persons. In terms of identification, it has already been noted that the
definition of a stateless person can be found in a dedicated international instrument, the 1954
Convention relating to the Status of Stateless Persons. Moreover, this definition has become customary
international law and should therefore form the basis for the identification of stateless persons in all
states, regardless of whether or not they are state parties to the 1954 Convention.20
Where the prevention and reduction of statelessness is concerned, the central international standard is
the right to a nationality. This is now recognised as a fundamental right to be enjoyed by everyone,
everywhere. Virtually all of the major, contemporary human rights instruments include a provision
inspired by article 15 of the Universal Declaration of Human Rights, which simply states that “everyone
has the right to a nationality”. This development means that, under international law, states are obliged
to do what they can to avoid statelessness. Several concrete norms have been formulated which give
further content to this ambition, including the elaborate safeguards compiled within the 1961
19
See, for instance, UNHCR Executive Committee, Conclusion on Identification, Prevention and Reduction of Statelessness
and Protection of Stateless Persons, No. 106, 6 October 2006.
20
See the discussion of definitions and terminology above.
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