Chapter 1. Introduction
function”.140 In 1995, the UNGA included statelessness in a resolution regarding
UNHCR.141 More specifically, the UNGA asked UNHCR to promote accession to the
1954 Convention and the 1961 Convention as well as to provide relevant technical and
advisory services pertaining to the preparation and implementation of nationality
legislation to interested states.142 This provided UNHCR with a “broad global mandate”
to address statelessness.143 A “turning point” can be seen in 2006, when UNHCR was
provided with more guidance on the implementation of their mandate by UNHCR’s
Executive Committee144, which was later endorsed by the UNGA.145 Furthermore,
UNHCR has a specific role under Article 11 of the 1961 Convention as a body to which
a person claiming the benefit of the 1961 Convention may apply for the examination
of his or her claim and for assistance in presenting it to the appropriate authority.146
Also, UNHCR has in practice fulfi lled the role of the Secretary-General in Article 33
of the 1954 Convention and advises states parties on the implementation of the 1954
Convention.147
With regard to the 1954 Convention, UNHCR has also provided further
interpretative guidance in its Handbook on the Protection of Stateless Persons, focusing
on determining statelessness, procedures for statelessness determination and the status
of stateless people at the national level.148 On the 1961 Convention, UNHCR has issued
Guidelines on Statelessness No. 4 and No. 5 on ensuring every child’s right to acquire a
nationality and on loss and deprivation of nationality.149
140
141
142
143
144
145
146
147
148
149
Volker Turk, ‘UNHCR’s Supervisory Responsibility’ (2002) UNHCR New Issues in Refugee Research:
Working Paper No. 67, 4 <https://www.refworld.org/docid/4fe405ef2.html> accessed 4 September
2021.
UNGA Res 50/152 (1995) A/RES/50/152.
Ibid, para 15.
About the origins of UNHCR’s global mandate on statelessness and why it was only conferred decades
after the adoption of the Statelessness Conventions see Matthew Seet, ‘The Origins of UNHCR’s
Global Mandate on Statelessness’ (2016) 28 International Journal of Refugee Law 7.
Mark Manly, ‘UNHCR’s Mandate and Activities to Address Statelessness’ in Alice Edwards & Laura
van Waas (eds), Nationality and Statelessness under International Law (Cambridge University Press
2014) 88–115, 90.
UNGA Res 61/137 (2006) A/RES/61/137.
The UNGA already entrusted UNHCR with this specific task in relation to statelessness after the entry
into force of the 1961 Convention, see UNGA Res 3274 (XXIX) (1974) A/RES/3274(XXIX) & UNGA
Res 31/36 (1976) A/RES/31/36.
Art 33 1954 Convention reads as follows: The Contracting States shall communicate to the SecretaryGeneral of the United Nations the laws and regulations which they may adopt to ensure the application
of this Convention. See also Mark Manly, ‘UNHCR’s Mandate and Activities to Address Statelessness’
in Alice Edwards & Laura van Waas (eds), Nationality and Statelessness under International Law
(Cambridge University Press 2014) 90–91.
UNHCR, ‘Handbook on the Protection of Stateless Persons under the 1954 Convention relating to
the Status of Stateless Persons’ (Geneva, 2014) <www.unhcr.org/protection/statelessness/53b698ab9/
handbook-protection-stateless-persons.html> accessed 4 September 2021.
UNHCR, ‘Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality
through Articles 1–4 of the 1961 Convention on the Reduction of Statelessness’ (2012) HCR/GS/12/04;
UNHCR, ‘Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5–9
of the 1961 Convention on the Reduction of Statelessness’ (2020) HCR/GS/20/05.
Intersentia
33
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