UNHCR’s mandate3
Stateless persons are persons of concern to UNHCR under its statelessness
mandate, which includes the identification and protection of stateless persons
as well as the prevention and reduction of statelessness.4 In order to be able to
effectively protect and assist persons of concern to the organization, it is important
that UNHCR be given prompt and unhindered access to asylum-seekers, refugees
and stateless persons and to support their well-being, wherever they are, including
when they are detained.5 This entails accessing and visiting places of detention,
as well as supporting national authorities to improve detention conditions and
by promoting alternatives to detention. It may also include intervening both in
individual cases and in relation to system-wide shortcomings.
International standards related
to detention in the immigration context
International law protects every person’s right to liberty and security. Detention
for immigration related purposes should only take place as an exceptional
measure, where necessary and reasonable in each individual case. It must also be
proportionate to a legitimate purpose and occur only after less coercive or intrusive
means are found to be unavailable and inappropriate.6 The consideration of
alternatives to detention also ensures that, in light of the stateless person, asylumseeker or migrant’s particular circumstances, detention is truly a measure of last
resort.
6
3
For more information on the #IBelong Campaign, see: http://www.unhcr.org/ibelong.
4
Conclusion on Identification, Prevention and Reduction of Statelessness and Protection
of Stateless Persons No. 106 (LVII) – 2006, Executive Committee 56th session.
Contained in United Nations General Assembly document A/AC.96/1035, available at:
http://www.refworld.org/docid/453497302.html.
5
See, e.g., Executive Committee Conclusion Nos. 44(XXXVII) – 1986 – Detention of Refugees and
Asylum-Seekers, (f), (g); 46(XXXVIII) – 1987, (f); 47 (XXXVIII) – 1987, (f); 50 (XXXIX) – 1998, (i); 85
(XLIX) – 1988, (dd); 106 (LVII) – 2006 (on stateless persons), (w).
6
See UNHCR, Guidelines on the Applicable Criteria and Standards relating to the
Detention of Asylum-Seekers and Alternatives to Detention, 2012, available at:
http://www.refworld.org/docid/503489533b8.html (UNHCR Detention Guidelines) and
Policy on Detention Monitoring, 3 December 2015, UNHCR/HCP/2015/7, available at:
http://www.refworld.org/docid/564199b54.html.
STATELESS PERSONS IN DETENTION