A Nubian woman in front of one of
the oldest homes in Kibera,
Nairobi, Kenya. Changes in
administrative procedures have
enabled a growing number of
Nubians to confirm that they are
Kenyan nationals and acquire
relevant documentation. Many
others remain stateless.
UNHCR
/ G. CONSTANTINE
reduce statelessness. This section looks at some of the common protection problems faced by stateless persons before
examining various aspects of protection responses, including status determination, measures to ensure enjoyment of rights by
stateless persons, use of resettlement as a protection tool and promotion of accession to the 1954 Convention relating to the
Status of Stateless Persons.
Selected protection issues faced by stateless persons
49. Stateless populations often face a broad range of protection risks. These risks can be addressed or at least mitigated
when a protection regime for stateless persons is in place at the national level. The following non-exhaustive list provides an
overview of protection issues frequently faced by stateless persons:
• Failure or refusal to register births and issue birth certificates (linked also to prevention of statelessness);
• Lack of documentation (and as a result difficulties to be recognized as a person before the law, marry, etc.);
• Refusal or failure to determine and grant status and rights as a stateless person;
• Non-recognition of the right to reside in one’s own country and resulting risk of expulsion;
• Refusal or failure to allow return from abroad of habitually resident stateless persons;
• Detention, particularly in the migration context and where the country of origin refuses to allow return;
• Discrimination and abuse by authorities;
• Heightened risk of trafficking and sexual and gender-based violence;
• Limited or no access to education and health care;
• Lack of access to the labour market;
• Limits on property ownership;
• Difficulties to enter into contracts, obtain business licenses or open bank accounts.
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