Stateless Persons
to address statelessness, 47 UNHCR first
started issuing country-by-country statistics on persons under its statelessness
mandate in its Global Trends report for
2004. 48 These data, found in a separate
table that has been added to UNHCR’s
statistical reporting specifically for this
purpose, 49 constitute a central tool in
understanding the current state of statelessness statistics worldwide.
METHODOLOGICAL CHALLENGES
TO GATHERING
DATA ON STATELESSNESS
Statelessness is often an invisible problem,
making it a distinctly challenging phenomenon to map. Furthermore, due to inherent complications in quantifying statelessness, the reliability of statistics, even
when available, can also be questionable.
Here are some of the main difficulties:
DEFINITIONAL ISSUES
47 This is in accordance with successive resolutions adopted
by the General Assembly of the United Nations, including
UNGA Resolution 50/152 of 9 February 1996 (A/RES/50/152).
48 UNHCR, 2004 Global Refugee Trends, 17 June 2005,
available at: http://www.unhcr.org/42b283744.html .
49 See Annex Table 7, ‘Persons under UNHCR’s statelessness
mandate’.
50 UNHCR, Handbook on Protection of Stateless Persons,
30 June 2014, available at: http://www.refworld.org/
docid/53b676aa4.html .
51 This is, for instance, the case for otherwise stateless
children born in Lebanon who, according to the letter of the
law, acquire Lebanese nationality, but this safeguard is not
implemented in practice. Frontiers Ruwad Association, Invisible
Citizens: Humiliation and a life in the shadows. A legal and
policy study on statelessness in Lebanon, 2011.
52 UNHCR, Global Action Plan to End Statelessness
2014–2024, page 24, available at: http://ibelong.unhcr.org/cmsweb/upl/entities/story/FINAL%20Global%20Action%20Plan%20
-%20PDF%20Version.pdf.
53
These instruments can be downloaded here: http://
unstats.un.org/unsd/demographic/products/dyb/dybquest.
htm . See in particular Section 2 of the annual Population
Estimates Questionnaire and Table 20 of the Population Census
Questionnaire: General Characteristics.
54 See, for instance, UNHCR, The State of the World’s
Refugees, 2012, at page 108.
55 UNHCR, Handbook on Protection of Stateless Persons, 30
June 2014, paragraphs 58–61, available at: http://www.refworld.
org/docid/53b676aa4.html .
56 UNHCR and Asylum Aid, Mapping Statelessness in the
United Kingdom, November 2011, available at: http://refworld.
org/docid/4ecb6a192.html .
42
UNHCR Statistical Yearbook 2013
The definition of statelessness is not as
straightforward as it appears to be. The
term ‘under the operation of its law’ has
been authoritatively interpreted as being a question of both fact and law. 50
Consequently, there are persons who
would be eligible for a particular nationality but who are nonetheless stateless
because they are not considered as nationals by the competent authorities of the
relevant state. 51 It may not be apparent to
the individuals concerned or to an outside
observer that they are stateless.
On the other hand, some may selfidentify as stateless – for instance, because they do not feel connected to their
state due to political beliefs or personal
sentiments – even though they do hold
a nationality. Historic and enduring miscomprehension of the scope and application of the definition of a stateless person
also impedes the accurate quantification
of statelessness. Moreover, many States
do not have a definition of statelessness
in their domestic laws, or they maintain a
definition or interpretation that diverges
from that understood under international
law, such that it is not applied uniformly
across all jurisdictions.
GAPS IN DATA-COLLECTION TOOLS
In most countries, statelessness is not high
on the political agenda. Consequently,
state authorities may not deem it
important to put in place measures to
identify stateless persons and enhance the
accuracy of their figures on statelessness.
Of 142 national population censuses undertaken since 2005 for which the United
Nations possesses questionnaires, only
112 included a question on nationality. Of
these, less than 25 per cent included a precoded option for census-takers to record
the responses of those who self-identified
as stateless. 52
The UN Statistics Division of the
Department of Economic and Social
Affairs (DESA), in the instruments it uses
to collect data from States on an annual
basis and following a census exercise,
also does not request reporting on the
number of stateless persons. However, it
does ask for data on the number of both
refugees and citizens, as well as foreign or
non-citizens and persons of unknown citizenship status within a State’s territory. 53
Furthermore, although UNHCR and other
UN agencies frequently carry out registrations of refugees and in some cases internally displaced persons, it is not common
for them to register stateless persons. 54
Thus, it is not merely government data
that are incomplete; the UN’s own data
often do not provide a comprehensive
picture of statelessness. Indeed, it may
not be advisable for UNHCR to seek to
conduct large-scale registration of stateless persons because, in the majority of
cases, stateless persons remain in their
‘own country’. As such, the ideal solution
for them would be to be granted nationality by the State concerned, not recognition and registration as stateless persons. 55
Even where data-collection exercises
include information on statelessness,
this does not always yield comprehensive or reliable results. For instance, a 2011
mapping study of statelessness in the
United Kingdom identified several methodological flaws in its statelessness data,
and found diverging information across
different data sets. 56 Meanwhile, some
statelessness-specific data-collection exercises, such as those carried out in recent
years in Myanmar and the Philippines, are
limited in their scope – i.e. collecting data
only in one area of the country or only
with respect to one target population affected by statelessness.
Many stateless persons identify with
the country of their birth, descent, and