A D D R E S S I N G
S TAT E L E S S N E S S
Ending statelessness
ºº
T
oday there are some 20
known situations in which
groups of more than 25,000
people have been stateless for
a decade or more. Collectively,
these long-lasting situations account for
the vast majority of people identified
as stateless in the world. In 2012, High
Commissioner António Guterres called
for decisive action on the issue, underlining that “these protracted statelessness situations are not a problem to be
addressed at some future date. Solutions
are needed now, and I call on all States
to make a firm commitment to ending
statelessness within the next decade.”
If statelessness often results from a
narrow definition of who qualifies as a
citizen of a given State, resolving statelessness requires a more inclusive understanding of who belongs to, and can
participate fully in the life of, a nation.
Given the fundamental nature of this
issue for many States, the question is:
how can the international community
encourage and assist governments to
resolve these situations, and achieve the
goal set by the High Commissioner?
A large part of the response to this
challenge is to increase awareness of the
impact of statelessness on people’s lives,
and on society more broadly. In 2014,
UNHCR will use the occasion of the
60th anniversary of the 1954 Convention
relating to the Status of Stateless Persons
to draw attention to the “human face of
statelessness”, and to launch a global
campaign to eradicate statelessness over
the next 10 years.
UNHCR will highlight the plight
of stateless people through a series of
dialogues to be organized with the cooperation of stateless groups in several
countries around the world. The events
will be used to gather testimonies that
will be disseminated with films and photographs through social media and print.
In cooperation with Tilburg
University in the Netherlands, in 2014
UNHCR will hold the First Global
Forum on Statelessness in The Hague.
It will bring together stateless people,
government officials, staff of UNHCR
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UNHCR GLOBAL APPEAL 2014-2015
and other international organizations,
NGOs and academics, with the objective of looking at statelessness from a
variety of perspectives. The forum and
the recently created UNHCR Prize
for Statelessness Research (see News
and Views section) will promote and
disseminate research on statelessness,
thereby improving the targeting of advocacy, technical advice and operational
responses by UNHCR and partners.
Several years of work to improve the
identification of stateless populations
have now allowed many UNHCR operations to focus more on preventing
and reducing statelessness. In order to
achieve the High Commissioner’s goal
of eradicating statelessness, UNHCR
will advise States on how to reform their
nationality legislation and simplify criteria and procedures for the acquisition
of nationality. It will also support documentation campaigns and help national
authorities to process applications.
Numerous States have, indeed, already adopted creative strategies to reduce statelessness, offering a range of
good practices from which other governments can learn. UNHCR will also draw
inspiration from these various strategies
in order to help other States in addressing their nationality and statelessness
challenges.
The most efficient means of resolving
statelessness is through changes in law
or policy to permit the automatic grant
of nationality to stateless people. This approach has been used to grant nationality to large numbers of stateless people
with immediate effect, thereby avoiding
costly bureaucratic procedures. It is frequently combined with simple measures
for the issuance of documentation proving nationality.
E
xamples of remarkable developments in fighting statelessness
in recent years include that of
Kyrgyzstan, where the new
Citizenship Law adopted in
2007 recognizes as nationals all stateless
former USSR citizens who have resided
in the country for more than five years.
Since 2009, more than 50,000 former
USSR citizens have benefitted from this
provision and have been issued with citizenship documents.
Subject to certain requirements,
Zimbabwe’s 2013 Constitution has
now automatically restored citizenship to descendants of citizens from
other Southern African Development
Community member States, whose
Zimbabwean citizenship had been withdrawn as a result of an amendment to
the Citizenship Act in 2001.
Bangladesh provides another example
for States looking to resolve protracted
situations. A 2008 High Court judgment
recognized the Urdu-speaking minority
(Biharis) as citizens of Bangladesh; an
ensuing change in government policy
meant that up to 300,000 people were
recognized as citizens. Adults were issued with identity documents proving
nationality, and allowed to vote for the
first time in national elections.
Responses to other statelessness
situations have included simplified
procedures for acquisition or re-acquisition of nationality. Most recently, in
August 2013, Côte d’Ivoire amended
its laws to allow nationality to be acquired through a simple declaration
by individuals resident in the country before independence in 1960 and
their descendants, as well as those
born there between 1961 and 1973. The
new Citizenship and Immigration Act
adopted in Kenya in 2011 allows stateless people who have resided in the
country since independence and their
descendants to register as citizens during a five-year period.
In Iraq, nationality legislation adopted in 2005 and 2006 overturned a 1980
decree that stripped the Faili Kurds of
Iraqi citizenship. They may now apply
to restore their citizenship, and more
than 100,000 have taken advantage of
this opportunity. Some 600,000 stateless people are reported to have acquired
nationality in the Russian Federation
between 2002 and 2009 through a simplified naturalization procedure. New,