Statelessness Status Determination 50. A formal, individual determination of statelessness by UNHCR or a relevant State authority will generally not be required where UNHCR undertakes activities on behalf of an entire population. Moreover, resources should not be dedicated to a formal determination of statelessness where a realistic, immediate goal is the PROTECTION acquisition, reacquisition or confirmation of nationality by such a population. Ensuring enjoyment of basic human rights by This will usually be the case for those protracted situations in which an entire stateless persons population has significant ties only with the State in which they are resident. 51. Nonetheless, there are situations in which an individual status determination is required. These include situations in which an immediate solution is unlikely and the most effective short-term response is recognition of a person (or population) as stateless and the grant of statelessness status together with identity documents and recognition of a set of rights. Such measures can grant a degree of stability and dignity until a solution can be found. In fact, grant of a status can be a stepping-stone to acquisition of nationality. This approach may be necessary in countries in which the stateless population includes migrants who face difficulties in obtaining readmission to their respective countries of origin. Such individuals may end up in limbo unless statelessness status determination procedures are in place. ) Focus first and foremost on addressing causes of statelessness and obstacles to solutions ) Advocate and provide technical advice • For establishing / improving status determination procedures for stateless persons • On adequate legislation and good administrative practices to ensure rights of stateless persons ) Advocate for integration of stateless persons / formerly stateless persons into development programmes ) Promote accession to the 1954 Convention relating to the Status of Stateless Persons 52. The Executive Committee has requested UNHCR to actively ; Tool: 1954 Convention Brochure disseminate information and, where appropriate, train government (36) counterparts on appropriate mechanisms for identifying, recording, and granting a status to stateless persons. However, at present, very few States have this type of procedure in place. As set out in the Global Strategic Priorities, UNHCR therefore advocates for and supports the establishment of such procedures and seeks to improve access by individuals who may be stateless (GSP 2.2). 53. Determining statelessness status will require a specialized procedure to examine the nationality legislation of relevant countries as well as how it is applied. It may also require contacting the authorities of the respective countries. A formal determination of statelessness status must therefore only be conducted once it is certain that the person is not entitled to asylum since an exchange with the country in question could put the person at risk. The Division of International Protection is currently developing additional guidance on the statelessness definition and procedures for determination of statelessness status. 54. In some circumstances it may be necessary that UNHCR assesses whether or not a person is stateless. As in refugee status determination, UNHCR can assess, whether to the Office’s knowledge, a person is stateless or possesses a specific nationality. Enjoyment of rights by stateless persons 55. As indicated in section III, it is States which bear responsibilities to respect, protect and fulfill the rights of stateless persons. In seeking adequate protection for stateless persons, UNHCR’s role is first and foremost to advocate for and provide technical advice on adequate legislation and good administrative practices as well as to seek to positively influence public opinion. The Office also promotes access by stateless persons to administrative and judicial remedies, including through legal counseling programmes. In doing so, UNHCR takes into account the existing legal obligations of the State, including the 1954 Convention and relevant international human rights law. 56. Being stateless does not automatically entail a right to reside in the respective State and the 1954 Convention does not prescribe that States must grant stay to all stateless persons. The criteria for granting stay and concomitant rights will be dealt with in a separate guidance note. 36 Executive Committee Conclusion No. 106 (LVII) – 2006, para. (t). 15