7 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context 2. Guidance 4. Research strategy 5. Appendices 2.1 What is statelessness? Who does it affect? And what are the consequences? De Facto Stateless: Ö There is no formal definition in international law of de facto statelessness. This refers to individuals who, although they technically possess a nationality, do A person who is not considered a national by any not enjoy the protection of any country and cannot State, under the operation of its law, is stateless.5 The avail themselves of their rights because they are not establishment of new states and changes in borders, effectively recognised as citizens anywhere. as well as loss or deprivation of nationality, are only a few of the factors that can lead to statelessness. Discrimination based on race, ethnicity, religion, Example: A person born in a country that subsequently language, or gender can also lead to statelessness. dissolves into multiple new states (like the dissolution A person may also be at risk of statelessness if they of the Soviet Union or Yugoslavia). If this person finds cannot prove that they have a link to a country. For themselves in a situation where none of the new states instance, if a child’s birth is not registered, they cannot recognises or grants them citizenship, even if one of those prove where they were born or who their parents are.6 states should, they could become de facto stateless. It should be noted that although international law treats their statuses as distinct, people who are de jure stateless and people who are de facto stateless can share lived experiences because they are unable De Jure Stateless: to enjoy the rights that come with having a nationality. Ö This refers to individuals who are not considered as The Convention on the Reduction of Statelessness (1961 nationals by any state under the operation of its law. Convention) contains the following recommendation: Basically, it means that no state recognises them as citizens in a legal sense. that persons who are stateless de facto should as far as There are two categories of statelessness: de jure statelessness and de facto statelessness. Example: The Rohingya in Myanmar. The Rohingya are an ethnic minority in Myanmar that have been denied citizenship by the Myanmar government. Despite many of them living in the country for generations, they are not recognised as citizens under Myanmar law, making them de jure stateless. 5. 6. 7. 8. possible be treated as stateless de jure to enable them to acquire an effective nationality.7 Understanding the distinction between de jure statelessness and de facto statelessness is important and care must be taken from a legal point of view to ensure that those qualifying as “stateless persons” under Article 1(1) of the 1954 Convention be recognized as such. If mistakenly referred to as de facto stateless persons, they may fail to receive the protection guaranteed under the 1954 Convention.8 1954 Convention Article 1(1) UNICEF and the Institute on Statelessness and Inclusion (ISI) have joined forces to enhance knowledge about childhood statelessness and explore solutions for this breach of children's rights. The partnership has resulted in a course book titled "The child’s right to a nationality and childhood statelessness: Texts & materials." The book aims to educate UNICEF staff and civil society organisations about children's nationality rights and the issue of childhood statelessness by offering a curated selection of materials that explain fundamental concepts and help build capacity. April 2023, Colin Yeo: Refugee Law, 2022 pgs.78-79 UN General Assembly, Convention on the Reduction of Statelessness, 30 August 1961 OSCE and UNHCR: Handbook on Statelessness in the OSCE Area International Standards and Good Practices, p15, 28 February 2017 © Asylos, 2023 Back to contents