Unit 3 Statelessness as an international legal concept and the challenge of identification Summary This unit focuses on the definition of statelessness and the challenges involved in identifying cases of statelessness as well as persons who are at risk of statelessness. Definition and identification are shown to be the cornerstone of any response to statelessness – both for the protection of stateless persons and the prevention and reduction of statelessness. The accepted international definition of a stateless person, as included in article 1 of the 1954 Convention relating to the Status of Stateless Persons is presented Its historical development, in parallel to the definition of a refugee, is briefly discussed. Students are shown that this definition is described as relating to de jure statelessness and the concept of de facto statelessness is introduced. The relationship between these concepts is discussed as well as the strengths and weaknesses of different approaches to the question of definition. The problem of applying any definition of statelessness in practice is introduced and students are asked to consider how an individual or a State could go about proving what is, in effect, a negative (the absence of a nationality). It is explained that many States have yet to develop or formalise procedures for identifying stateless persons. By looking at existing examples, students give further thought to what kinds of evidence can be relied upon to determine nationality status and how the procedure and responsibility for identification should be organised. Learning objectives Discuss the concepts of de jure and de facto •statelessness and offer examples to illustrate these Discuss possible methods for the identification of •statelessness, identifying the strengths and weaknesses of definitions. various approaches. Explain the importance of definition and identification of •statelessness. Readings and information sources Key readings Batchelor, “Statelessness and the Problem of Resolving Nationality Status” in International Journal of Refugee Law, * C. Vol. 10, No. 1/2, Oxford University Press, 1998. Gyulai, Forgotten Without Reason: Protection of Non-Refugee Stateless Persons in Central Europe, chapter IV on * G. “Stateless Status Determination”, Hungarian Helsinki Committee, June 2007. http://www.unhcr.org/497099902.pdf van Waas, Nationality Matters. Statelessness under International Law, chapter II, Section 4 on “Defining statelessness” * L. and chapter XIV, Section 3 on “Meeting the challenge of identification”, Intersentia, 2008. Massey, UNHCR and De Facto Statelessness, Geneva, April 2010, LPPR/2010/01. * H. http://www.unhcr.org/refworld/docid/4bbf387d2.html UNHCR Action to Address Statelessness: A Strategy Note, March 2010, para. 17-24 on “Identification – * UNHCR, “mapping” stateless populations and their situation”. http://www.unhcr.org/refworld/docid/4b9e0c3d2.html 24 A Guide to Teaching on Statelessness