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Throughout the early 1990s, UNHCR conducted emergency
operations regarding the mass displacement of persons in the former
Yugoslavia, 187 Georgia, Armenia, Azerbaijan, and Tajikistan. 188
This included the provision of assistance not only to refugees but also
to stateless persons. 189 UNHCR concurrently petitioned the Mauritanian government to permit the collective return of its expelled persons and to provide State-issued identification to then-unrecognized
persons. 190 However, UNHCR lacked a clear mandate regarding the
Statelessness Conventions and was not empowered to support stateless persons in Eastern Europe, Central Asia, and West Africa. 191
Between 1990 and 1994, UNHCR’s Executive Committee cobbled
together a justification for the continuation of its support for stateless
persons, based on the relationship between the statuses of refugees
and stateless persons and “the absence of an international body with a
general mandate for stateless persons.” 192 Scholars 193 questioned the
legitimacy of UNHCR’s “de facto extension” of its authority to effect
international protection and called for the adoption of a U.N. General
Assembly resolution granting UNHCR the statelessness mandate.
UNHCR received the mandate in 1995. 194
In addition to granting UNHCR the statelessness mandate, the
States of the Council of Europe adopted the 1997 European Convention on Nationality. 195 The European Convention on Nationality,
“[b]earing in mind the numerous international instruments relating to
nationality,” 196 rearticulated principles regarding the extension of nationality found in earlier international instruments. 197 It did not seek
Northern Senegal: A Case Study, U.N. Doc. EPAU/2005/11 (2005).
187. Wilbert Van Hovel, Issues Arising from the UNHCR Operation in Former
Yugoslavia, in THE PROBLEM OF REFUGEES IN THE LIGHT OF CONTEMPORARY INTERNATIONAL
LAW ISSUES 19, 20 (1996).
188. Michel Iogna-Prat, supra note 179, at 30.
189. Id.
190. Tenth Annual Activity Report of the African Commission on Human and People’s
Rights 1996/97 at 42 (1997), http://www.achpr.org/files/activity-reports/10/achpr20and21_
actrep10_19961997_eng.pdf [https://perma.cc/P5RH-D7RE].
191. Id. at 31; Exec. Comm. of the High Comm’r’s Programme, Stateless Persons: A
Discussion Note, ¶¶ 20–22, U.N. Doc. EC/1992/SCP/CRP.4 (Apr. 1, 1992).
192. Seet, supra note 175, at 18–19 (discussing how UNHCR slowly adopted more
responsibility for stateless persons, even before receiving the statelessness mandate).
193. See, e.g., id.; Van Hovel, supra note 187, at 20.
194. G.A. Res. 50/152 (Dec. 21, 1995).
195. European Convention on Nationality, E.T.S. No. 166, Nov. 6, 1997.
196. Id. at preamble.
197. See generally id.
Electronic copy available at: https://ssrn.com/abstract=2954729