These two groups comprise individuals who were either born in Lithuania or have lived in the country for a significant number of years. Lithuania is their “own country” within the meaning of Article 12(4) of the ICCPR.53 Other stateless persons have arrived to Lithuania in the context of migration after the country’s independence. These include: 3. Stateless lawful migrants who have moved to Lithuania for reasons of family unity, employment, or business opportunities, as well as stateless persons granted refugee status or subsidiary protection; 4. Stateless asylum-seekers; and 5. “Unreturnable” persons who were not granted leave to remain in Lithuania, yet could not return or be returned to any country including, if known, their country of former habitual residence.54 In the following sections, a distinction will be made between the groups covered by data and groups which are not covered by data. Only permanent residents described under (1) and stateless migrants described under (3) are reflected in official statistics pertaining to the total number of stateless persons in Lithuania. Reliable statistical data regarding the number of stateless asylum-seekers as mentioned under (4) can be obtained from the Ministry of the Interior’s Migration Department. There is no official data on the number and profile of “unreturnable persons”, as mentioned under (5), in Lithuania. At the time of the field research carried out for this report (August 2012), there was one stateless person detained at the FRC. Another two were accommodated at the FRC without restrictions to their freedom of movement.55 There are no statistics on the number of persons with “unresolved” legal status in Lithuania. Their number, according to the Migration Department and interviewed staff members of Migration Divisions of Territorial Police Units,56 is small; however, their situation is the most vulnerable among the target population. When discussing the Lithuanian rules, this report uses the term “lawful” (teisėtas) with regard to entry, stay and residence in Lithuania within the meaning of the Law on the Legal Status of Aliens and its official translation.57 Importantly, the domestic terms of art shall not be confused with similar or identical terms used in the 1954 and 1961 Conventions, which have their own distinct legal meanings. Similarly, within the discussion of the Lithuanian law, the term “resident” will normally imply that the person has lawful residence, unless it is expressly stated otherwise. The Conventions use several different terms of art with regard to “resident”, which do not always mean the same as the domestic term. 53 For further details regarding the interpretation of “own country”, please see UN Human Rights Committee (HRC), CCPR General Comment No. 27: Article 12 (Freedom of Movement), 2 November 1999, CCPR/C/21/Rev.1/Add.9, para. 20, available at: http://www.refworld.org/docid/45139c394.html. 54 This term was suggested by the authors of the 2011 UNHCR study “Mapping Statelessness in the UK” UNHCR/Asylum Aid, Mapping Statelessness in the UK, London, 2011. 55 Interview with a representative of the Foreigners Registration Centre (hereinafter – the FRC) in Pabrade, 17 August 2012. 56 Interview with a representative of the FRC, 17 August 2012; Interviews with staff members of the migration agencies in Mažeikiai, 22 August 2012; Vilnius, 27 August 2012; Šalčininkai, 4 September, 2012; Švenčionys, 5 September, 2012; Visaginas, 29 August 2012. These divisions are also referred to as “migration agencies”. This report uses the two terms interchangeably. 57 Article 10 of the Law on the Legal Status of Aliens states that entry into the Republic of Lithuania shall be unlawful if the alien enters the country: in violation of the provisions of the Schengen Borders Code. Article 23 of the same law defines an alien’s stay in Lithuania unlawful if the person: stays in Lithuania after the period of authorised stay, including after the visa-free period expires; after their visa expires or has been annulled; holds a forged travel document or a forged visa; stays in Lithuania without a visa if they are required to have one; stays in Lithuania without a valid travel document; has unlawfully entered the country. Article 39 of the same law provides that an alien’s residence in Lithuania shall be considered unlawful if the person: resides in the country without a residence permit or holding an invalid or withdrawn residence permit; or where a person holds a forged residence permit or travel document. U N H C R S TO C K H O L M , M AY 2 0 1 6 21