Sea Level Rise and Climate Statelessness
protection of EDPs from LLISs in the Pacific region. Currently, only Australia and
Fiji have ratified the 1954 Convention. The former lacks a SDP that would enact
its protection for stateless persons within its jurisdiction,41 and no information is
available on whether or not Fiji even has a SDP. As for the Maldives, neither of
its two closest neighbours India and Sri Lanka have ratified the 1954
Convention.42
Substantively, the 1954 Convention lacks an obligation to provide citizenship
to those who qualify for its protection.43 Although the right to a nationality is
found in art 15 of the Universal Declaration of Human Rights,44 no corresponding
obligation exists for states to grant nationality, an absence also observed in the
1966 International Covenant on Civil and Political Rights,45 as well as in other
human rights treaties.46 Additionally, the 1954 Convention provides relatively
little added value in the context of the general framework of human rights
protection, as its general provisions, while not irrelevant, are also mostly found in
other international norms.47 To add to the weaknesses of the 1954 Convention, the
UNHCR’s mandate on statelessness and, consequently, the 1954 Convention’s
implementation, is comparatively weaker than its supervisory responsibility under
the 1951 Convention.48 Under art 35 of the 1951 Convention, state parties are
required to cooperate with the UNHCR in the exercise of its responsibilities, while
the UNHCR’s mandate on statelessness is rooted in the UN General Assembly
Resolution 50/152 of 21 December 1995.49 In practice, this has not proven to be a
41
42
43
44
45
46
47
48
49
Michelle Foster, Jane McAdam and Davina Wadley, ‘Part One: The Protection of Stateless
Persons in Australian Law — The Rationale for a Statelessness Determination Procedure’
(2016) 40(2) Melbourne University Law Review 401, 445–54; Statelessness in Australia
(Report, Refugee Council of Australia, 7 January 2019) 14.
Stoutenburg (n 6) 409.
van Waas (n 33) 66.
Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen
mtg, UN Doc A/810 (10 December 1948).
International Covenant on Civil and Political Rights, opened for signature 19 December
1966, 999 UNTS 171 (entered into force 23 March 1976) art 24(3).
Alice Edwards, ‘The Meaning of Nationality in International Law in an Era of Human Rights:
Procedural and Substantive Aspects’ in Alice Edwards and Laura van Waas (eds), Nationality
and Statelessness under International Law (Cambridge University Press 2014) 11, 14–15, 26.
Katia Bianchini, Protecting Stateless Persons — The Implementation of the Convention
Relating to the Status of Stateless Persons across EU States (Brill Nijhoff 2018) 99–100. For
an in-depth discussion of the substantive relevance of the 1954 Convention, see van Waas’
excellent opus: Laura van Waas, Nationality Matters — Statelessness under International
Law (Intersentia 2008). See also, Edwards and van Waas (n 12).
Despite sharing much of their contents, the 1954 Convention (n 15) does not have a similar
provision to 1951 Convention (n 5) art 35, which enshrines the duty to cooperate with the
United Nations High Commissioner for Refugees (‘UNHCR’) in the text of the treaty. See
Michelle Foster and Hélène Lambert, International Refugee Law and the Protection of
Stateless Persons (Oxford University Press 2019) 46–47.
Resolution Adopted by the General Assembly on the Report of the Third Committee
(A/50/632), UNGA, UN Doc A/RES/50/152 (9 February 1996), citing Report of the Third
Committee, UNGA, UN Doc A/50/PV.97 (21 December 1995). See also ‘Mandate of the High
Commissioner for Refugees and His Office’ (Executive Summary, UNHCR)
<https://www.unhcr.org/publications/legal/5a1b53607/executive-summary-of-the-mandateof-the-high-commissioner-for-refugees.html>; ‘UNHCR’s Mandate for Refugees, Stateless
Persons and IDPs’, United Nations High Commissioner for Refugees (Web Page)
<https://emergency.unhcr.org/entry/55600/unhcrs-mandate-for-refugees-stateless-personsand-idps>. See also Matthew Seet, ‘The Origins of UNHCR’s Global Mandate on
Statelessness’ (2016) 28(1) International Journal of Refugee Law 7.
295