Chapter 1. Introduction
For stateless populations in situ, however, targeted nationality campaigns or nationality
verification efforts would be more appropriate.35 But no matter in what context
statelessness occurs, nationality (eventually) would be seen as the solution.
The focus in this book is on preventing and solving statelessness. These terms are
often encountered in law, literature and reports on statelessness and can be distinguished
from the notions of ‘reduction’ of statelessness and ‘protection’ and ‘identification’
of stateless people, which are also used in this context.36 The 1961 Convention is on
the reduction of statelessness and includes both norms that aim to prevent and solve
statelessness in different contexts. However, the 1954 Convention also includes a norm
on solving statelessness: Article 32, which concerns facilitated naturalization of stateless
people. At the same time, UNHCR uses prevention and reduction of statelessness, as
well as the protection and identification of stateless people to delineate their mandate.
It is therefore important to define here how preventing and solving statelessness are
used in this study. The goal of this research is to analyze European law on preventing
and solving statelessness. This can include any legal norm that helps us to ensure
that less persons become or remain stateless. From this perspective, the notion of
‘reducing statelessness’ can therefore include both the prevention of and the solutions
to statelessness.37 As a general rule, the specific rights that stateless people can enjoy
after being identified as stateless (protection as a stateless person) and ways to ensure
this identification (identification of stateless people) are not the primary object of
study. However, it is acknowledged that these lines cannot be easily drawn and they
are therefore not applied too strictly. Throughout this research preventing and solving
statelessness are the focus. In some contexts, identification also is a prerequisite for
preventing and solving statelessness; if you do not know about (possible) statelessness,
how can you hope to prevent or solve it? As also explained in paragraph 1.4.3 of this
chapter, identification has a link with both nationality and statelessness and therefore
has relevance to this research. All four UNHCR ‘pillars’ on statelessness – identification,
prevention, reduction and protection – are thus covered in some way in this study, but
only to the extent that they contribute to reducing statelessness in Europe as defined
above.
In addition to these four ‘pillars’, it is also important to be reminded of the impact
of statelessness and of the powerlessness in the democratic and political sense. Without
35
36
37
UNHCR, ‘Handbook on the Protection of Stateless Persons under the 1954 Convention relating
to the Status of Stateless Persons’ (Geneva, 2014) para 58–61 <www.unhcr.org/protection/
statelessness/53b698ab9/handbook-protection-stateless-persons.html> accessed 22 August 2021.
Eg UNHCR, ‘Statelessness: An Analytical Framework for Prevention, Reduction and Protection’
(2008) <www.refworld.org/docid/49a28afb2.html> accessed 22 August 2021. Note that UNHCR’s
mandate on statelessness includes four ‘categories’ of activities: identification, prevention, reduction
and protection, see UNHCR ExCom, ‘Conclusion on Identification, Prevention and Reduction of
Statelessness and Protection of Stateless Persons’, No. 106 (LVII) (6 October 2006); UNGA Res 61/137
(2006) A/RES/61/137.
Th is deviates to some extent from the use of these words in the UNHCR mandate, in which ‘reduction’
is used to refer to solving existing situations of statelessness. Here, the term ‘reducing’ or ‘reduction’ is
used in a broader sense, more in line with what the 1961 Convention seems to suggest.
Intersentia
13
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