3.5 Conclusions and recommendations The situation in which stateless persons may find themselves, and the protections to which they are entitled, have received relatively little attention in Norway. Although the 1954 and 1961 Conventions, to which Norway is party, are incorporated into Norwegian law through the general reference to international law and the principle of sector monism,166 most provisions of the conventions have not been codified, nor are they normally reflected in administrative practices. Norwegian legislation does not expressly reference the definition of a stateless person, nor is there a statelessness determination procedure in place. Assessments of statelessness occur only in the course of other procedures, such as the refugee status determination procedure, where nationality or statelessness is assessed in relation to the identity of the applicant. Under Norwegian law, statelessness does not constitute an independent ground for legal protection. With these findings in mind, it is therefore recommended that the 1954 Convention’s Article 1 definition of a stateless person, now customary international law, be expressly incorporated into Norwegian legislation, to ensure a consistent practice by all authorities. In this connection, Article 16 of the Nationality Act, which seems to restrict the definition of a stateless person, should be reviewed. Where assessments of an individual’s statelessness take place as part of the establishment of identity during immigration and civil registration processes, the criteria for considering someone as stateless, and the application of these, should be harmonized across the different government agencies involved. To ensure that Norway meet its international obligations under the 1954 Convention, the establishment of an accessible and efficient statelessness determination procedure is necessary. Such a procedure could be established within UDI and build on existing institutional capacities. The UNHCR Handbook on Protection of Stateless Persons provides guidance to states as to the form and procedural safeguards of statelessness determination procedures. In this context, it is recommended that “unreturnable” persons have access to the statelessness determination procedure where there are indications the individual may be stateless. It is moreover recommended that persons determined by Norway to be stateless be granted a residence permit on the ground of their statelessness, thereby allowing them to enjoy the core protections of the 1954 Convention. Stateless persons, pursuant to the definition in Article 1 of the 1954 Convention, should moreover – on account of their statelessness – be entitled to the rights set out in that Convention, including identity papers and travel documents, as elaborated in the UNHCR Handbook on Protection of Stateless Persons. 166 40 See the Immigration Act Article 3 and the Nationality Act Article 3. M A P P I N G STAT E L E S S N E S S I N N O RWAY