1.2 Statelessness across the globe Statelessness is a global phenomenon. UNHCR estimates that there are at least ten million stateless persons worldwide. The following sections look at the definition of a “stateless person,” the causes of statelessness, and the common consequences of being stateless. 1.2.1 Defining “a stateless person” The definition of a “stateless person” is set forth in Article 1(1) of the 1954 Convention, which provides that a “stateless person” is “a person who is not considered as a national by any State under the operation of its law.” The International Law Commission has concluded that Article 1(1) definition of a “stateless person” is part of customary international law.3 The present report focuses on persons coming under this definition.4 The term “national” within the meaning of Article 1(1) refers to a formal bond between a person and a state, but it need not be an “effective” or “genuine” link.5 The term “law” within the meaning of Article 1(1) “encompass[es] not just legislation, but also ministerial decrees, regulations, orders, judicial case law…and, where appropriate, customary practice.”6 Establishing whether an individual is considered as a national of a state requires an analysis of both the text of that state’s laws, as well as their application to an individual’s case.7 The letter of the law, as well as the practice, must be examined, as some states may not precisely adhere to the letter of the law or might even “[go] so far as to ignore its substance.”8 A person’s nationality must be assessed at the time of determination of eligibility under the 1954 Convention, which is neither a historic nor a predictive exercise.9 This means that, for the determination of whether a person is stateless, it is not relevant that that person is in the process of naturalizing or has the option to acquire the nationality of a given state. Accordingly, if, at the time of the determination, the person is in the process of losing, being deprived of, or renouncing a nationality, the person is still a national.10 Furthermore, the 1954 Convention does not permit states to exclude from protection persons who have voluntarily renounced their nationality.11 3 See the International Law Commission, Articles on Diplomatic Protection with commentaries, 2006, p. 49 (stating that the Article 1 definition can “no doubt be considered as having acquired a customary nature”), available at: http://www.refworld.org/docid/525e7929d.html. 4 The UNHCR Handbook on Protection of Stateless Persons explains that “persons who fall within the scope of Article 1(1) of the 1954 Convention are sometimes referred to as “de jure” stateless persons,” UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, para. 7, (“Handbook on Protection of Stateless Persons”), available at: http://www.refworld.org/docid/53b676aa4.html. Individuals who have a nationality but are outside the country of their nationality and are denied diplomatic and consular protection accorded to other nationals by their state of nationality have been referred to as “de facto” stateless. See UN High Commissioner for Refugees (UNHCR), Expert Meeting – The Concept of Stateless Persons under International Law (“Prato Conclusions”), May 2010, pp. 5-8, available at: http://www.refworld.org/docid/4ca1ae002.html. The term “de jure” is not found in any international treaty and is not used in this report, yet it must be emphasized that the present report does not include “de facto” stateless persons. 5 UNHCR Handbook on Protection of Stateless Persons, 30 June 2014, para 54 and fn. 38. 6 Ibid, para. 22. 7 Ibid, para. 23, and fn. 12 (citing Articles 1 and 2 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws). 8 Ibid, para. 24. 9 Ibid, para. 50. 10 Ibid. 11 Ibid, para. 51 and fn. 34 (distinguishing, but not discussing, voluntary renunciation from failure to comply with formalities). UNHCR STOCKHOLM, OCTOBER 2015 9