The UN High Commissioner for Refugees (UNHCR) issued four sets of guidelines in 2012 (UNHCR Statelessness Guidelines)7 to assist state parties to interpret and apply the principles and provisions of the UN statelessness conventions. These guidelines8 provide clarity that persons who are not viewed by the state as a national, for whatever reason, fall under the 1954 Convention – including those who legally qualify for nationality but who nonetheless are denied such recognition by the state in his/her individual case. These guidelines state that ‘cases cannot be settled through analysis of nationality laws alone as the definition of a stateless person requires an evaluation of the application of these laws in practice.’9 Defining the concepts Commission has concluded that the definition in Article 1(1) is part of customary international law.6 The first relevant question is: • Does a person qualify for citizenship under the law of any country? If not, (s)he is stateless. If the person qualifies as a citizen under a literal reading of the law, one must then ask, • What is the viewpoint of the state? If a person qualifies under the law, but the state does not view him/her as a national, then the person is also stateless in terms of the 1954 Convention. Those who are not stateless as described above may be classified as persons ‘at risk of statelessness’ for various reasons, outlined below in 2.3. This classification can help mobilise government and international organisations to work to assist these groups and prevent statelessness from occurring. People at risk of statelessness 6 7 8 9 See page 49 of the International Law Commission, 'Articles on Diplomatic Protection with commentaries', (2006), which states that the Article 1 definition can ‘no doubt be considered as having acquired a customary nature’. The Commentary is accessible at http://untreaty.un.org/ilc/guide/ 9_8.htm (accessed 3 October 2013). The text of Article 1(1) of the 1954 Convention is used in the Articles on Diplomatic Protection to provide a definition of stateless person. UNHCR, ‘Guidelines on the Definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons’ (UNHCR Definition Guidelines) (2012); UNHCR, ‘Guidelines on Procedures for Determining Whether an Individual is a Stateless Person’ (UNHCR Procedures Guidelines) (2012); UNHCR, ‘Guidelines on the Status of Stateless Persons at the National Level’ (UNHCR Status Guidelines) (2012); UNHCR, ‘Guidelines on Ensuring Every Child's Right to Acquire a Nationality through Articles 104 of the 1961 Convention on the Reduction of Statelessness’ (UNHCR Child's Rights Guidelines) (2012). UNHCR Procedure Guidelines (n 7 above). UNHCR Procedure Guidelines (n 7 above) para 40. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 7