Background
Background
Action 6 of the Global Action Plan calls on States to grant protection status to stateless
migrants through the establishment of statelessness determination procedures (SDPs),
and facilitate their naturalization. A statelessness determination procedure serves to
identify stateless persons to ensure that they enjoy the rights to which they are entitled
until they acquire a nationality. For stateless populations in a non-migratory context
who remain in their “own country”, often referred to as in situ populations, SDPs for the
purpose of obtaining status as stateless persons are not optimal because of their longestablished ties to these countries. Based on existing international standards and State
practice in the area of reduction of statelessness, such ties include long-term habitual
residence or residence at the time of State independence or succession. Depending
on the circumstances of these populations, States are encouraged to undertake
targeted nationality campaigns or nationality verification efforts rather than to establish
statelessness status through use of an SDP.1
In 2014, UNHCR published its Handbook on Protection of Stateless Persons. This
doctrinal tool is intended to help governments, policy makers, administrative
adjudicators, the judiciary, NGOs, legal practitioners, UNHCR staff and others to
interpret and apply the 1954 Convention relating to the Status of Stateless Persons
(1954 Convention) and to facilitate the identification and proper treatment of such
persons.2 Part Two of the Handbook covers the modalities for creating SDPs that enable
States to recognize and grant protection status to stateless persons, including questions
of evidence that arise in the course of such procedures.3 Part Three of the Handbook
discusses the status of, or minimum protection to be afforded to, stateless persons
under national law.4
1
UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, paragraph 58, available at: http://www.refworld.
org/docid/53b676aa4.html
2
UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, available at: http://www.refworld.org/
docid/53b676aa4.htm
3
The content of Part Two of the Handbook was first published in UNHCR, Guidelines on Statelessness No. 2:
Procedures for Determining whether an Individual is a Stateless Person, 5 April 2012, HCR/GS/12/02, (“UNHCR Procedures
Guidelines”), available at: http://www.unhcr.org/refworld/docid/4f7dafb52.html
4
The content of Part Three of the Handbook was first published in UNHCR, Guidelines on Statelessness No. 3: The
Status of Stateless Persons at the National Level, 17 July 2012, HCR/GS/12/03, available at: http://www.refworld.org/
docid/5005520f2.htm
U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S
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