Back to Contents Explanatory note Definitions of statelessness and statelessness in the Palestinian context The situation of Palestinian stateless people in Lebanon is described in this Country of Origin Information (COI) report. Its desk-based research is based on a variety of written sources that were published between June 30, 2020, and June 30, 2022.1 A total of five sources with specialised knowledge of statelessness and Palestinians in Lebanon were interviewed and corresponded with for the report between October and November 2022. Our use of the term “stateless” for this report broadly leans on the meaning of statelessness set out in the 1954 Convention relating to the Status of Stateless Persons (the 1954 Convention): “[...] the term ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law.” 2 This definition is considered to be international customary law. However, only 96 countries 3 have acceded to the 1954 Convention, and as such, not all states apply this definition. The 1954 Convention outlines the international legal definition of “stateless person” and the norms of treatment to which such people are entitled, but it makes no mention of any method for classifying people as stateless. And as per guidance set out by UNHCR in their Handbook on Protection of Stateless Persons the 1954 Convention makes it clear that in order to uphold their obligations under the Convention, States must identify any stateless people who are present within their borders and give them the proper care.4 Among the 96 States that acceded to the 1954 Convention, only 20 or so countries have developed procedures that specifically deal with statelessness claims5. The country examined in this COI study, Lebanon, is not a signatory to the 1954 Convention.6 Thus it is important to note that differences in approach to the problem of statelessness often lead to protection gaps for Palestinians and other stateless groups. The European Network on Statelessness (ENS) has advocated for Palestinians to be considered as stateless according to the definition in the 1954 Convention, because, among other reasons: “[...]Palestine remains under occupation by Israel, does not have full sovereignty, does not have full control over issuance of official documentation or entry and exit to its territory, and because attempts to enact a Palestinian nationality law have failed. This does not negate the fact that Palestinians have an entitlement to Palestinian nationality under international law; rather it is a recognition that Palestinians are “not considered nationals by any state under the operation of its law.”7 Further definitional complexities can arise. For example, individuals who are experiencing statelessness may not themselves be aware of the concept of ‘stateless’, or may choose not to identify as stateless for a variety of reasons. As noted in a joint report by the Badil Resource Center and ENS relating to the case of Palestinians: “Many Palestinians consider themselves to be Palestinian nationals in view of their long-standing ties to the areas currently known as Israel, Gaza, the West Bank, and Palestine, as well as their ethnicity, shared political and cultural affinity. It is important to acknowledge and respect Palestinians’ connection to Palestine and right to self-identify as Palestinian nationals. In addition, Palestinian nationality – in the legal sense – was established by an international treaty in 1923 and continues to be protected by international law.”8 1 Exceptions to the timeframe were made for rigorous academic studies addressing the history of Palestinian exile in Lebanon, and those addressing societal perceptions of Palestinians that were unlikely to rapidly change. 2 UNHCR, Convention relating to the Status of Stateless Persons, 1954, Article 1(1). 3 UN General Assembly, 1954 Signatory States, Declarations and Reservations on the Reduction of Statelessness, 28 September 1954, available at: https://www.refworld.org/docid/4fa368052.htmlRefworld | 1954 Signatory States, Declarations and Reservations on the Reduction of Statelessness. In Europe, there were 25 signatories as of 2021. The European Network on Statelessness (ENS), Thematic Briefing: Statelessness determination and protection in Europe, 2021, p. 4 4 UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, paragraph 8 5 UNHCR, Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect Stateless Persons, July 2020, p. 5 6 UN General Assembly, 1954 Signatory States, Declarations and Reservations on the Reduction of Statelessness, 28 September 1954, available at: https://www.refworld.org/docid/4fa368052.htmlRefworld | 1954 Signatory States, Declarations and Reservations on the Reduction of Statelessness 7 ENS, Briefing: Palestinians and the search for protection as refugees and stateless persons in Europe, 14 July 2022 8 Badil Resource Center and European Network on Statelessness: “Palestinians and the Search for Protection as Refugees and Stateless Persons”, June 2022, p. 12 Explanatory note 7