2.2 An overview of the stateless population in Lithuania 2.2.1 Introduction (specifics on the data used) This study aims to examine the situation of all stateless persons in Lithuania. Article 1(1) of the 1954 Convention45 defines a stateless person as a “person who is not considered as a national by any State under the operation of its law”. This definition constitutes customary international law.46 Although no data on the stateless population is separately collected in Lithuania, three sources include datasets on the stateless population in Lithuania. Namely, the Population and Housing Census, the Statistics Department Yearbook of Lithuania and Annual Reports produced by the Migration Department. In addition, the latter has also provided the researcher unpublished disaggregated data on the stateless population. 2.2.2 The target population Statelessness arises in a variety of contexts. It occurs in migratory situations, for example among expatriates and/or their children who might lose their nationality without having acquired the nationality of their country of habitual residence. Most stateless persons, however, have never crossed borders and find themselves in their “own country”. Their predicament exists in situ, that is in the country of their long-term residence, in many cases the country of their birth. For these individuals, statelessness is often a result of discrimination on the part of authorities in framing and implementing nationality laws.47 In Lithuania, the general context of statelessness arises against the backdrop of the dissolution of the Soviet Union. According to the unpublished data provided to the researcher by the Migration Department, there were 4,151 stateless persons holding residence permits in the country in 2012.48 Although these persons were born in thirty different countries, half of those countries had previously formed part of the USSR. Virtually all (98.9%) were born in the territory of the USSR, of whom a significant number (1,606 or 38.9%) were born in the territory of Lithuania. Although some stateless persons moved to Lithuania after it restored its independence, most had already been living on its territory prior to 3 November 1989. There appears to be a prevailing perception that these individuals became stateless through their own fault. Authorities assert that, apart from Soviet military personnel, who were not considered “lawful permanent residents”, all residents were entitled to Lithuanian citizenship through the “zero option” but failed to avail themselves of this right. However, historic and legal analyses, as well as the results of the participatory assessments carried out with stateless persons themselves, reveal a reality that is more complex. While some did consciously choose not to opt for Lithuanian citizenship, others were unable to do so for a variety of reasons. Some persons born in Lithuania were unable to obtain Lithuanian nationality. For example, if a person had temporarily moved to a different Soviet Republic for work, they would have been obliged to change their place of residence. If, as of 3 November 1989, a person’s place of residence was not in the Lithuanian SSR, they would not have been considered citizens of the Lithuanian SSR ex lege, even if they had been born 45 See the International Law Commission, Articles on Diplomatic Protection with commentaries, 2006, p. 49 (stating that the Article 1 definition can “no doubt be considered as having acquired a customary nature”), available at: http://www.refworld.org/docid/525e7929d.html. 46 International Law Commission, Commentary on the Draft Articles on Diplomatic Protection, 2006, p. 49. 47 UNHCR Handbook on Protection of Stateless Persons, para. 1. 48 As of 1 August 2012. Unpublished data provided to the researcher by the Migration Department during the interview with its representatives on 7 August 2012. U N H C R S TO C K H O L M , M AY 2 0 1 6 19