Second, The UNHCR handbook recommends that the bulk of the burden in proving lack of nationality not be placed on the applicant, but that the burden be shared. State examiners should adopt a collaborative, non-adversarial approach in investigating a person’s foreign citizenship.52 States must refrain under all circumstances from making such enquiries with foreign authorities if the individual alleges a well-founded fear of persecution by the State concerned. In general, the standard of proof should be in keeping with the humanitarian objectives of statelessness status determination and the inherent difficulties of proving statelessness in the likely absence of documentary evidence.53 Third, SDPs should incorporate fundamental due process guarantees, including access to an individual interview with legal assistance and the aid of an interpreter, the right to a timely decision in writing with an explanation of the grounds on which it was made, and the right to appeal a first-instance rejection of an application without the threat of expulsion. In addition, the procedure should accommodate particular vulnerabilities and conditions, including special safeguards for children, women and disabled persons as well as priority processing, provision of appropriately trained legal aid, and assumption by the State of a greater share of the burden of proof.54 Facilitated naturalization Under the 1954 Convention, one of the obligations of the States Parties is to “facilitate the assimilation and naturalisation of stateless persons” (Article 32). After recognizing an individual or group of individuals as stateless, Contracting States have a duty to lower the barriers to their becoming citizens – in particular, by making “every effort to expedite naturalisation proceedings and to reduce as far as possible the charges and costs of such proceedings”.55 Echoing this provision, the European convention on nationality (ECN) provides that “[e]ach State Party shall facilitate in its internal law the acquisition of its nationality for… stateless persons and recognised refugees lawfully and habitually resident on its territory” (Article 6(4)). Similarly, Action 6 of the Global Action Plan to End Statelessness calls on States to grant protection status to stateless migrants (through the establishment of SDPs) and to facilitate their naturalization.56 52 53 54 55 56 See UNHCR, Handbook on the protection of stateless persons, supra, paras 89 – 90. Ibid., paras 91 – 93. Ibid., para. 119. 1954 Convention, Art. 32. For a detailed explanation of Action 6 and examples of State practice, see UN High Commissioner for Refugees (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. 21