EXECUTIVE SUMMARY
The present study seeks to examine the phenomenon of statelessness in the Czech Republic, where it has yet
received very little attention and wrongly appears to be non-existent in the country. While focusing on statelessness
in a migratory context, the study is based on interviews with stateless persons in various situations, as well as a
desk research to clarify and frame the narratives. The result is therefore a combination of legal and statistical
analyses with human stories about the faces of statelessness and the impact it may have on everyday lives.
The statistical research conducted in the study has shown that there are several challenges when establishing the
exact number of stateless persons currently living in the country. Only a qualified estimate has, thus, been possible.
Although stateless persons are included in publicly accessible governmental statistics, the available information is
often incomplete or displays contradictions. For example, recent statistics do not include stateless persons living in
the country without a valid residence permit. The overall picture is further complicated by the lack of consistency
in assigning the statistical codes reserved for stateless persons. Problems are, thus, encountered in the current
system of statistical records and its accurate reflection of statelessness, leading to stateless persons being made
partially invisible. Based on the present analysis and regardless of their residence status, it is estimated that, in
total, up to 1,500 stateless persons living in the Czech Republic, which corresponds with the figure indicated in the
last population census.
The obligations listed under the 1954 Convention Relating to the Status of Stateless Persons (“1954 Convention”)2,
to which the Czech Republic is a State party, have not been fully incorporated into national legislation. The
definition of a stateless person is not contained in national law and there is no dedicated procedure in place to
determine statelessness. While this is not an explicit requirement of the Convention, it is highly recommended
for State parties to comply with their Convention obligations. Czech legislation has no specific provisions related
to the legal status of stateless persons and applicants for the determination of statelessness. This situation has
negative implications on the realisation of rights pertaining to stateless persons as well as on the predictability and
lawfulness of the procedure applied by administrative bodies and courts. The lack of an effective statelessness
determination procedure also has a negative impact on the collation of statistical data. In addition, the awareness
amongst officials, lawyers and social workers in respect of the situation of stateless persons is lacking.
Effective solutions to stateless person’s specific situation, be it naturalization, acquisition or confirmation of
nationality, and to their residence status is, arguably, not provided for by the existing legislative framework. Some
stateless persons, thus, fall into an irregular situation and are unable to reach a permanent resolution through
statelessness determination procedure. The possibility to file an application for the determination of statelessness
status pursuant to the 1954 Convention is only mentioned in Section 8 (d) of the Asylum Act and is limited in its
effectiveness. For example, according to the interviews conducted in the present study, this procedure was not
used in practice. In the past two years, the MoI has not responded to the applications lodged under this provision
and has not addressed the situation of stateless persons.3 In some cases, the applicants for statelessness status
were re-detained for the purpose of administrative expulsion while their applications for statelessness status were
pending. Therefore, trust in this procedure was considered by the interviewed persons to be low.
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2
UN General Assembly, Convention Relating to the Status of Stateless Persons, 28 September 1954, United Nations, Treaty Series, vol.
360, p. 117, available at: https://www.refworld.org/docid/3ae6b3840.html.
3
For more recent changes in the MoI practice, please see the foreword and the textbox inserted in the legal part of the study. (UNHCR,
June 2020)
Faces of Statelessness in the Czech Republic