Back to Contents to have rights’ in a system of sovereign nation-states.197 But, formally, a refugee will often retain the nationality of their country of origin. Some refugees may also be de jure (in law) stateless, as is recognized in the definition itself in the reference to a person ‘who, not having a nationality and being outside the country of his former habitual residence’. However, it is not necessary for a refugee to also be stateless. As the preamble to the Convention Relating to the Status of Stateless Persons 1954 (‘Stateless Persons Convention’) observes, there are many stateless persons who are not refugees. Indeed, many are stateless within the country in which they were born and still reside.” 197 Arendt, H. (2017), The Origins of Totalitarianism, London: Penguin, p.388 The refugee definition in the 1951 Convention relating to the Status of Refugees [see footnote for definition in the 1951 Convention15] requires an element of persecution whereas the stateless person who is not persecuted falls under the 1954 Convention – though that division can be unclear.16 Where a State or the UNHCR makes a refugee status determination, it should include a finding on whether or not a person could be stateless. However, refugee determination decision-makers may need to speak with foreign officials about applicants, which could jeopardise the confidentiality to which refugees and asylum seekers are entitled. When this occurs, UNHCR recommends, the determination of refugee status must go forward, and consideration of the statelessness claim must be put on hold.17 Statelessness in Country of Origin Information (COI) In recent years there has been a growing recognition among actors working in the fields of international protection and statelessness that COI on statelessness does not meet the needs of those who may seek to use it, including decision makers, lawyers, and stateless persons. A UNHCR audit on statelessness determination in the UK published in 2020 “notes the limited availability of country information on statelessness”, and at the same time highlights the important role that COI can play in determining statelessness claims.18 Findings from the audit led the UNHCR to recommend that “Relevant Home Office COI reports should include a section on ‘nationality and citizenship’”.19 Meanwhile, in its thematic review of U.S. Department of State Country Reports on Human Rights Practices, ARC Foundation drew attention to multiple deficiencies in the information presented on statelessness, including omissions or incomplete information on: • • • • • The relevant laws and legal obligations these entail Law and policy in practice, including registering of births Profiling who the people most at risk of statelessness are The situation and treatment of stateless persons by the state and non-state actors The livelihood possibilities as well as access to basic services (e.g. documentation, health care, education, housing etc.) for those considered or classified as stateless.20 15 UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, Article 1, “For the purposes of the present Convention, the term “refugee” shall apply to any person who:[...] owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.” 16 Colin Yeo: Refugee Law, 2022, pp.78-79 17 See for example para 79 of the UN Handbook on Protection of Stateless Persons, Geneva, 2014 18 UNHCR, Stateless Determination in the UK: A UNHCR audit of the Home Office approach to decision-making in the Statelessness Determination Procedure, see p.. 35, 2020 19 UNHCR, Stateless Determination in the UK: A UNHCR audit of the Home Office approach to decision-making in the Statelessness Determination Procedure, see p.. 10, 2020 20 ARC Foundation, Thematic Review, September 2021 Explanatory note 9