Citizenship legislation adopted in Ethiopia in December 2003 and in
the Democratic Republic of Congo in November 2004 may go a long way
toward finally ending two protracted situations in which large numbers
of people were left without an effective nationality. The legislation in
Ethiopia allows numerous individuals residing in Ethiopia to re-acquire
Ethiopian nationality, while the new laws in the DRC help to identify
that country’s body of citizens.
What are the procedures used
for determining whether a person is stateless?
While the 1954 Convention defines a stateless person, it does not elaborate a procedure
for identifying who is stateless. It is thus in the interests of States, and of the individuals
to whom the Convention might apply, that States adopt legislation that guides the manner in
which a stateless person is identified. Such legislation should also designate a decision-maker
and establish the consequences of identifying a person as stateless.
Some States have adopted implementing legislation that designates specific agencies
within the government – offices that deal specifically with asylum, refugees, and stateless
persons, or the Ministry of the Interior, for example – that will examine and adjudicate
claims of statelessness. Other States that have no specific legislation establishing a
procedure to recognize statelessness have instituted an administrative or judicial authority
that is tasked with determining whether an individual is stateless. Many more States,
however, have no specific procedure in place. In many of these cases, the question of
statelessness often arises during refugee status determination procedures. Stateless persons
may then be “processed” within that framework, which includes humanitarian or subsidiary
protection. Stateless persons may, in fact, be obliged to channel their application through
the asylum regime simply because there is no other procedure available to them.
Some countries do not have specific recognition procedures for stateless persons, but the
issue may arise when an individual applies for a residency permit or a travel document, or
if an application for asylum is rejected and a claim is made to remain in an asylum country
on other grounds.
In France, the procedure for recognizing stateless status is conducted within
the French Office for the Protection of Refugees and Stateless Persons
(OFPRA), which is mandated to provide judicial and administrative
protection to stateless persons. Applicants must apply directly to OPFRA.
In Spain, the Aliens law provides that the Ministry of Interior will recognize
the status of statelessness in a procedure regulated by Royal Decree. Applicants
may approach police stations or the Office for Asylum and Refugees (OAR).
Upon completion of the investigative phase, the OAR conducts the
procedure then forwards its reasoned assessment to the Ministry of Interior.
In Italy, the 1993 implementing decree of the amendments to the
Nationality Law adopted the previous year gives the Ministry of Interior
the authority to recognize stateless status.
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