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Gábor Gyulai
grounds, such as ethnic affi liation. The Summary Conclusions from
UNHCR’s roundtable held in 2011 summarize the ‘two different contexts,
[as] the first consisting of countries – many industrialized – that host
stateless persons who are predominantly, if not exclusively, migrants or of
migrant background; and the second consisting of countries that have in
situ stateless populations (i.e. those that consider themselves to already be
“in their own” country)’.7 The response to statelessness will need to vary,
depending on these circumstances.
However important it is, international protection is not always the
appropriate response to the statelessness of a certain population. Many
people who are currently living without a nationality have strong ties to
a certain country, many in fact having been living there since birth, the
nationality of which they have reasonable and well-founded grounds to
claim. In such situations the most suitable resolution of their statelessness is to move towards naturalization or recognition of the nationality of
the population concerned, instead of creating a specific ‘stateless person’
protection status, which would maintain their situation of statelessness.8
Examples of where recognition of nationality is the most appropriate
response would include stateless Rohingyas in Myanmar, the stateless
Kurds in Syria and stateless Nubians in Kenya.
Other stateless populations may not, or may not yet, have sufficiently
strong ties with the country where they live (or with any other country).9
This is commonly the case in a migration context. For example, a number of migrants originating from the former Soviet Union or Yugoslavia
remained stateless after the dissolution of these states in the 1990s, but
were not able to apply for a new nationality in their country of residence.
In such circumstances a meaningful and rights-based protection mechanism may be advisable where the state in question refuses to naturalize
its residents to avoid statelessness. Such a mechanism could lay a pathway
to a durable solution (i.e. the elimination of statelessness) later on.
7
8
9
UNHCR, ‘Expert Meeting – Statelessness Determination Procedures and the Status of
Stateless Persons (Summary Conclusions)’ (December 2010) – hereinafter referred to as
the ‘Geneva Conclusions’, p. 2.
Geneva Conclusions, para. 24 (‘For stateless individuals within their own country, as
opposed to those who are in a migration context, the appropriate status would be one
which reflects the degree of attachment to that country, namely, nationality.’), see also
UNHCR, ‘Guidelines on Statelessness No. 2: Procedures for Determining whether an
Individual is a Stateless Person’ (5 April 2012), para. 6.
Consider that different states may have highly diverging views of what can be considered
as ‘sufficiently strong ties’.
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