AN AGENDA FOR CHANGE 1 9
The situation described by Farid will be familiar to stateless people across
Europe. The experiences of men and women interviewed for the research point
to broken systems characterised by mistrust, lack of awareness, and a failure to
apply established legal standards. Evidence emerged of authorities failing to act
with due diligence, to be proportionate and reasonable, and to protect people’s
rights. The result is stateless people (or those at risk of statelessness) being
exposed to arbitrariness, discrimination, and systemic exclusion, punished for
their lack of documentation or country that would accept them for removal.
As clearly set out in the Regional Toolkit for Practitioners,
universal and regional legal norms and standards provide
for protection against arbitrary detention. Furthermore,
the country reports outline existing safeguards against
discrimination and arbitrariness in national legal frameworks.
Whilst some good practice can be identified, the failure in
Europe is largely one of implementation. Key to this is the
failure to identify statelessness and therefore to provide
suitable protection and effectively implement alternatives to
detention.
STATELESSNESS AND DETENTION IN
EUROPE
UNHCR estimates there to be around 600,000 stateless
persons in Europe today. Over 80% of the total reported
population live in four countries – Estonia, Latvia, the
Russian Federation and Ukraine – and their statelessness
can be traced back to the dissolution of the Soviet Union.
While these numbers give an indication of the scale
of statelessness in the region, data is sparse and often
incomplete. Statelessness remains, therefore, a largely hidden
phenomenon. The lack of accurate data and information
about stateless persons is even more acute where
immigration detention is concerned, which effectively renders
people and their suffering invisible. This in turn makes it
difficult to plan or respond at a policy level and means that
authorities have little awareness of the issues and, in some
cases, deny the existence of any problem.
• In the Netherlands, the government estimates the stateless
population to be around 5,000, but there are also over
80,000 people in the country whose nationality is ‘unknown’.
While most of these people are likely to have a nationality,
statelessness may be hidden within this figure. There is no
data on how many stateless people are in detention.
• In Ukraine, there is no reliable data on the size of the
stateless population. Estimates range from 6,500 to close
to 50,000. The Ukrainian detention framework does not
consider or count statelessness.
• In the UK, the number of stateless persons is unknown,
and data on stateless persons in detention is flawed and
incomplete. The stateless are often wrongly attributed
a nationality or categorised as ‘persons with unknown
nationality’, so the real numbers are likely to be higher than
the published figures.
• In Bulgaria, there are significant issues with the recording
of statelessness in the context of detention. On being
detained, people are often simply assigned a nationality by
the authorities according to where they are deemed to
have come from or have cultural or historical links.
• In Malta, data on statelessness is very limited as official
statistics group stateless people with third country nationals.
Stories of suffering, of indifference to suffering, and of great
human cost, pepper the research findings across this project.
They point to small numbers of stateless people and those
at risk of statelessness facing deeply damaging, life changing
and unnecessary detention because their statelessness is
invisible to the authorities, or their stories are not believed.
Stateless men, women, and children affected by immigration
detention in the six research countries came from a range
of different backgrounds with different identities, rights,
and vulnerabilities. They included migrants, refused asylum
seekers, disabled people, ethnic minorities, foundlings, and
survivors of abuse, torture, and trafficking. Here are some of
their stories:
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