Expert Meeting
The Concept of Stateless Persons under International Law
Summary Conclusions
Expert meeting organized by the Office of the United Nations High Commissioner for
Refugees, Prato, Italy, 27-28 May 2010
This was a first of a series of Expert Meetings convened by UNHCR in the context of the 50th
Anniversary of the 1961 Convention on the Reduction of Statelessness with the purpose of
drafting guidelines under UNHCR’s statelessness mandate on (i) the definition of a “stateless
person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons; (ii)
the concept of de facto statelessness; (iii) determination of whether a person is stateless; (iv)
the status in national law to be granted to stateless persons and; (v) the prevention of
statelessness among persons born on the territory or to nationals abroad.
The discussion was informed by two background papers. The first was “The definition of
‘Stateless Person’ in the 1954 Convention relating to the Status of Stateless Persons: Article
1(1) – The Inclusion Clause” which was drafted by a UNHCR consultant, Ms. Ruma Mandal.
The second paper was entitled “UNHCR and De Facto Statelessness” and was authored by
Hugh Massey of UNHCR. Professor Guy Goodwin-Gill of Oxford University also provided a
written contribution, the conclusions of which were presented in summary form during the
meeting. The twenty four participants came from 16 countries and included experts from
governments, NGOs, academia, the judiciary, the legal profession and international
organizations.
The meeting allowed for a wide-ranging discussion which focused on stateless persons as
defined in Article 1(1) of the 1954 Convention (sometimes termed de jure stateless persons),
before turning to the concept of de facto statelessness. The meeting reviewed principles of
customary international law, general principles of international law and treaty standards,
national legislation, administrative practice and judgments of national courts. It also took into
account decisions of international tribunals and treaty monitoring bodies as well as scholarly
writing.
The following summary conclusions do not represent the individual views of each participant
or necessarily of UNHCR, but reflect broadly the understandings emerging from the
discussion.
The meeting was funded by the European Commission