Statelessness determination procedures and facilitated naturalization Introduction Establishing statelessness determination procedures The 1954 Convention relating to the Status of Stateless Persons (1954 Convention) requires the States Parties to ensure a certain standard of treatment for stateless persons within their jurisdictions. For example, Article 16 establishes the right of stateless persons to “free access to the Courts of Law on the territory of all Contracting States”, and Article 25 guarantees stateless persons access to administrative assistance in acquiring “such documents or certifications as would normally be delivered to aliens by or through their national authorities”. To fulfil these obligations, States need to be able to identify stateless persons. Many States have accordingly established statelessness determination procedures (SDPs) to identify individuals who meet the definition of a stateless person set forth in Article 1(1) of the 1954 Convention, 49 and to extend to them appropriate rights and protection. Establishing such procedures is the most effective and reliable means for State Parties to ensure compliance with the Convention in this regard. The UNHCR Handbook on protection of stateless persons provides detailed guidance to States on how to develop SDPs, drawing from good practices observed in existing SDPs as well as analogous procedures for determining refugee status.50 While there is significant leeway for States to adapt them to existing national institutions and legal traditions, fair and effective SDPs embody certain key features. First, SDPs need to be accessible to concerned populations. Allowing for differences in administrative systems and structures, some degree of decentralization in the operation of SDPs is necessary to ensure that authorities with the mandate to identify stateless individuals are present throughout the territory, including in remote areas. Along the same lines, information on how to apply for statelessness determination should be disseminated widely, and counselling services should, if possible, be provided to applicants in a language they understand. Furthermore, any practical and legal barriers to accessing the procedure should be eliminated or minimized. For example, strict application deadlines and legal status requirements, such as proof of lawful residence, should be avoided. France and Mexico are among a number of States that have established SDPs that do not impose any conditions on access to these kinds of procedures.51 49 The definition of stateless person established in Article 1(1), as “a person who is not considered as a national by any State under the operation of its law”, is recognized as a rule of customary international law. 50 See UNHCR Handbook on the protection of stateless persons, supra; and UNHCR, Good practices paper – Action 6: Establishing statelessness determination procedures to protect stateless persons, 11 July 2016, available at: www.refworld.org/docid/57836cff4.html. 51 France’s procedure can be found in Article L812 of the Code de l’entrée et du séjour des étrangers et du droit d’asile available at: www. legifrance.gouv.fr/affichCode.do;jsessionid=DBAF2D87A75F0E4BFA43FA49C6DF68D9.tpdila07v_1?idSectionTA=LEGISCTA000030950753&cidTexte=LEGITEXT000006070158&dateTexte=20160323. In Mexico a formal SDP was established pursuant to the Migration Law (2011) and its Regulations (2012) available at: www.refworld.org/docid/57836cff4.html, p. 13. 20