8 RECOMMENDATIONS 8.1 Legislation UNHCR recommends adopting comprehensive legislation to appropriately implement the obligations towards stateless persons assumed by the Czech Republic under international law, in particular the two Statelessness Conventions, to: • introduce a definition of a stateless person that corresponds with Article 1 of the 1954 Convention; • establish clear and transparent procedures for the determination of statelessness, including relevant procedural safeguards; • provide for the legal status of the applicants during such proceedings similarly to asylum-seekers and in line with UNHCR Handbook;100 • provide for the legal status and residence rights for persons being recognised as stateless so that they effectively lead to a durable solution in the form of acquisition of nationality in line with UNHCR Handbook.101 UNHCR further recommends adopting amendments to legislation governing expulsion in order to ensure implementation of the obligations towards stateless persons enshrined under the Article 31 of the 1954 Convention. In particular, it is advisable to: • amend the aforementioned legislative provisions governing administrative expulsion in the Aliens Act so that stateless persons are not subjected to the same rules as other foreigners; • amend Section 80 (3) (a) governing the sentence of expulsion in the Criminal Code so that it covers the situation of establishing that a person is stateless in addition to the currently enshrined failure to establish nationality. UNHCR further recommends amending the Czech Citizenship Act in order to ensure compliance with Article 1 of the 1961 Convention, in particular to: • remove from Section 29 (1) of the Czech Citizenship Act the condition of a residence permit for a period of longer than 90 days of one of the parents; • repeal the provision stipulated in Section 29 (4) of the Czech Citizenship Act, which conditions granting a nationality to a child on the parents´ activity. 8.2 Training UNHCR recommends that a suitable training for relevant decision-makers be ensured with regard to the Czech Republic’s international obligations towards stateless persons and the avenues for the effective implementation of such obligations under the existing legislative framework. Training should be provided in co-operation with UNHCR, primarily to the following groups: • civil servants at the MoI who decide on the applications lodged pursuant to Section 8 (d) of the Asylum Act; • officers of the Foreign Police who decide on administrative expulsion and detention of foreign nationals; • judges and their assistants at administrative courts competent to review the legality of the procedures conducted by the MoI and the Foreign Police. 100 UNHCR, Handbook on Protection of Stateless Persons, cited above, para. 145. 101 UNHCR, Handbook on Protection of Stateless Persons, cited above, para. 148. UNHCR Czech Republic 51