Thematic background paper Introduction 1. The global policy on statelessness consists of four main goals: identification and protection of stateless persons, and prevention and reduction of statelessness. This background paper1 focuses on the first two, the identification and protection of stateless persons, which together constitute the international statelessness protection regime. 2 2. The international statelessness protection regime finds its roots in the 1954 Convention relating to the Status of Stateless Persons (the 1954 Convention), but has only acquired wide recognition and operational capacity in recent decades. Under UNHCR’s statelessness mandate,3 the organisation has put tremendous effort into developing and enhancing the 1954 Convention’s impact, by issuing policy documents to assist with interpretation and implementation, encouraging accessions, and promoting the introduction or improvement of statelessness determination procedures. 3. The protection regime for stateless persons embodies one of the core principle of the international human rights regime, namely that every individual should have their human rights respected regardless of their nationality status. I. Statelessness Protection Regime under the 1954 Convention 4. The 1954 Convention relating to the Status of Stateless Persons lies at the foundation of the international protection regime for stateless persons by establishing the universal definition of a statelessness persons and setting out rights specifically for stateless persons. As of August 2021, 96 States are Parties to the Convention, including 40 Council of Europe member States, making it a widely supported Convention in the region. 5. Regardless of whether a State has acceded to the 1954 Convention, the definition as set out by Art. 1(1) has been accepted as part of international customary law as concluded by the International Law Commission.4 Practically this means that this definition is binding upon all States, not just States who joined the 1954 Convention. 1 The elements of this background paper have been prepared with the support of Katja Swider, Assistant Professor at the Amsterdam Center for Migration and Refugee Law. The paper is aimed at informing discussions to be held at the expert meeting (23 September 2021) by highlighting relevant international norms and guidance, recent legal developments, and outstanding challenges. The opinions expressed are the responsibility of the author and do not necessarily reflect the official policy of the Council of Europe nor of the UNHCR. 2 See, for example, UNHCR, Conclusion on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons, No. 106 (LVII), (6 October 2006); and General Assembly Resolution No. A/RES/50/152 of 9 February 1996. 3 The mandate was gradually established and expanded in a series of UN General Assembly Resolutions, specifically Resolution No. 3274 (XXIX) of 10 December 1974; Resolution No. 31/36 of 30 November 1976; Resolution No. 50/152 of 21 December 1995; Resolution No. A/RES/50/152 of 9 February 1996; Resolution No. 61/137 of 19 December 2006; Resolution No. 67/149 of 20 December 2012; and Resolution No. 68/141 of 18 Dec 2013. See more in M. Manly, ‘UNHCR’s Mandate and Activities to Address Statelessness’ in Nationality and Statelessness under International Law by A. Edwards and L. van Waas (eds.), (CUP 2014), p. 111; and M. Seet, ‘The Origins of UNHCR’s Global Mandate on Statelessness’, International Journal of Refugee Law, Vol. 28, No. 1, (1 March 2016), pp. 7–24. 4 Page 49 of the International Law Commission, Articles on Diplomatic Protection with commentaries, 2006, accessible at http://www.refworld.org/docid/525e7929d.html 3

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