Executive summary
This study was commissioned in the context of the United Nations High Commissioner for
Refugees (UNHCR)’s mandate for the identification, prevention, reduction of statelessness and the
protection of stateless persons. It was conducted in pursuit of UNHCR’s #IBelong Campaign to end
statelessness and the Global Action Plan to End Statelessness by 2024. Its main aim has been to collect
and analyze qualitative and quantitative data concerning statelessness in Poland, map stateless
persons’ profiles, identify their protection needs, and present a comprehensive picture of their
situation in the country.
Poland is still not party to the 1954 and 1961 Statelessness Conventions which causes challenges
both in law and in practice. The results of this study show discrepancies in the definitions of
a “stateless person” applied by various government entities which may in some cases hinder
the identification of stateless persons and result in their under-representation in the official
statistics. Available data suggests that the stateless population in Poland is relatively small and
heterogeneous. However, their exact number is unknown.
The population of stateless persons in Poland mainly consists of foreigners who arrived with
passports issued by the former Union of Soviet Socialist Republics (USSR) or the Socialist Federal
Republic of Yugoslavia (SFRY), and who stayed in Poland at the time of the dissolution of these
states. In addition, there is a small group of stateless Palestinians who started arriving in Poland in
the 1970s, some for study purposes and others to work, and stateless persons who have applied for
refugee status in Poland, but who have been unable to demonstrate proof of their nationality.
Since there is no dedicated statelessness determination procedure in Poland, the assessment of
nationality or statelessness arises principally in relation to immigration procedures. Thus, the
“determination” of statelessness takes place when the applicants have to establish their identity
and nationality as part of their application for a residence permit or international protection, rather
than through a formal determination that could lead to the granting of a statelessness status per se.
The lack of legal status constitutes an obstacle for stateless persons to obtain a residence permit
and may lead to detention. Having a permit for tolerated stay is insufficient for them to access social
assistance, employment opportunities and naturalization on an equal basis with Polish citizens.
The study has also revealed gaps in the area of reduction and prevention of statelessness. For
instance, the Polish nationality law does not prevent statelessness for children born on the Polish
territory of known parents who are unable to transmit their nationality.
Based on the findings of this study, UNHCR encourages Poland to become party to the two UN
Statelessness Conventions, to consistently employ in legislation and practice the definition of
a stateless person contained in the 1954 Convention, to establish a dedicated statelessness
determination procedure, and to include safeguards to prevent statelessness at birth of all children
born in Poland, who would otherwise be stateless. A list of recommendations may be found in the
last chapter of the study.
UNHCR POLAND, SEPTEMBER 2019
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