categorized as ‘persons with unknown nationality’. For these reasons, it is impossible to determine how many stateless persons or persons at risk of statelessness are detained and for how long. Furthermore, as applicants for statelessness determination are not granted a temporary status, there is a risk that they might be detained while their application for statelessness is being considered, in particular if previously a removal order was issued against them. Stateless persons staying on Swiss territory without status might even face a custodial sentence for unlawful stay.80 There is, however, no reliable statistical information on whether applicants for statelessness determination have been threatened with removal or with sanctions for unlawful stay. Finally, the risk of repeated detention also remains. For example, when stateless persons or persons at risk of statelessness are released without legal residence status, they face the threat of being detained anew as an irregular migrant. 33. Administrative detention of migrants in Switzerland has the purpose of ensuring that a removal order is enforced.81 In principle, detention is only allowed as a measure of last resort if no less intrusive means can be used.82 In practice, detention can be ordered for a number of reasons and is often routinely imposed.83 Furthermore, the federal system and the discretion of cantonal authorities in implementing enforcement measures and in ordering detention can result in largely differing practices among the cantons.84 The intention of the government to increase the number of detention places by 500-700 appears particularly worrisome in that context.85 The co-submitting organisations would like to emphasize that Switzerland has the responsibility to fulfil its international obligations to all stateless persons within its jurisdiction, regardless of the federal system.86 In particular, the vulnerability of stateless persons has to be assessed and alternatives to detention should be considered in each individual case. Recommendations 34. The Human Rights Council has stated that ‘[t]he second and subsequent cycles of the review should focus on, inter alia, the implementation of the accepted recommendations and the developments of the human rights situation in the State under review’.87 In light of the fact that statelessness was not focused on under the first and second cycle of review and that Switzerland has not fully accepted and implemented all recommendations that relate to the rights of stateless persons, the co-submitting organisations propose the following recommendations: I. Fully promote, respect, protect and fulfil its obligations towards stateless persons under international human rights law. 80 Article 115 FNA. 81 Articles 75 ff. FNA. 82 Fundamental Rights Agency, Handbook on European law relating to asylum, borders and immigration, Version adapted to Swiss Law, 2015, available at: https://fra.europa.eu/sites/default/files/fra_uploads/handbook-law-asylum-migration-ch_de.pdf, p. 233. 83 Swiss Center for Expertise in Human Rights (note 79), para 205. 84 Swiss Center for Expertise in Human Rights (note 79), para 225. 85 Arbeitsgruppe Neustrukturierung, Gesamtplanung Neustrukturierung des Asylbereichs, Schlussbericht, 18 February 2014, available at: https://www.sem.admin.ch/dam/data/sem/aktuell/news/2014/2014-03-28/ber-agna-d.pdf, p. 14. 86 CtteeRC, General Comment No. 5 (2003), General Measures of Implementation of the Convention on the Rights of the Child, 27 November 2003, CRC/GC/2003/5, available at: http://www.refworld.org/docid/4538834f11.html, paras 40 and 41; CtteeCPR, Concluding observations of the Human Rights Committee: Switzerland, 3 November 2009, CCPR/C/CHE/CO/3, available at: http://www.refworld.org/docid/4afbda552.html, para 6; CtteeRC, Concluding observations (note 68), paras 12 and 13. 87 Human Rights Council, Resolution 16/21: Review of the work and functioning of the Human Rights Council, April 2011, A/HRC/RES/16/21, Annex 1, para 6. 12