set out in the 1954 Convention. Whilst a number of provisions of international human rights law
replicate rights found in the 1954 Convention, others provide for a higher standard of treatment
or for rights not found in the Convention at all.67 Moreover, human rights norms are often linked
to an extensive interpretative guidance by human rights judicial or quasi-judicial bodies. Examples
of important human rights standards in this area can be found in the CEDAW, which provides
that States Parties shall grant women equal rights with men to acquire, change or retain their
nationality,68 while the CRC and the ICCPR both provide for the right of every child to acquire a
nationality.69
3.2 National legal framework
Despite the European Union’s recent pledge to the United Nations,70 Poland is still not a party to
the UN Statelessness Conventions71 and has no statelessness determination procedure in place.
Polish legislation, nevertheless, states that a stateless person is considered a foreigner under
Article 3(2) of the Act on Foreigners.72 The potential procedures involving nationality assessment
are primarily those taking place in the displacement context, namely the asylum and return
procedures.
Additionally, Polish legislation explicitly provides for a Polish Identity Document for stateless
persons. As such, the procedure for granting a Polish Identity Document requires establishing that a
person concerned is indeed stateless. Therefore, the procedures for granting such a document have
been considered for the purposes of this report as well.
The Act on Foreigners provides for residence permits for foreigners. These include a temporary
residence permit for the purpose of employment, entrepreneurship, study, academic research,
family reunification, a residence permit issued to victims of trafficking under extraordinary
circumstances, a permanent residence permit and a long-term EU residence permit. The general
precondition for applying for these types of residence permits is a legal stay on the territory of
Poland and a valid travel document. As there is an exemption concerning the travel document and
in special circumstances foreigners may present another identity document, stateless persons
may apply for a Polish Identity Document. However, the prerequisite of legal stay remains a major
obstacle for stateless persons. They are treated as foreigners but have no possibility of obtaining
a passport from their “country of origin” or a visa allowing their legal entry and stay. However,
Poland periodically carries out so-called “amnesty” campaigns enabling those staying illegally for
significant periods of time to apply for a temporary residence permit and regularize their stay. The
last amnesty (or “abolition” according to the wording used by the Polish authorities) was conducted
67
Ibid, paras. 140-141. Additionally, for an overview, see UNHCR, Extracts relating to nationality and
statelessness from selected universal and regional human rights instruments, November 2009, available at:
http://www.refworld.org/docid/4c29aec02.html.
68
Article 9 of the CEDAW.
69
Article 7 of the CRC and Article 24 of the ICCPR.
70
The pledge was made by the European Union on 24 September 2012 at the High-level Meeting on the Rule of Law: “The
EU Member States which have not yet done so pledge to address the issue of statelessness by ratifying the 1954 UN
Convention relating to the Status of Stateless Persons and by considering the ratification of the 1961 UN Convention on
the Reduction of Statelessness”.
71
Poland is one of only four EU Members States that are not party to the 1954 Convention and seven that are not party to
the 1961 Convention (as at 15 July 2019).
72
Available at: https://bit.ly/2knnun7.
UNHCR POLAND, SEPTEMBER 2019
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