The determination of statelessness 125 Based on the above-presented general features and sources of guidance, this chapter puts forward a five-step protection model31 to ensure that all stateless persons have effective access to the protection they are entitled to under international law: 1. Ratification and due observance of relevant international instruments. Practice shows that mere accession to the 1954 Convention and other relevant treaties does not, of itself, ensure the establishment or implementation of a national protection framework. Most states parties to the convention do not, at the time of writing, operate any identification and protection mechanism. Nevertheless, accession is key to raising awareness about protection obligations both at the national and international level (for example, reaching a ‘critical mass’ of states adhering to the convention globally). In addition, it creates a direct legal basis for requiring states to develop a proper identification and protection mechanism.32 2. Ensuring visibility of the issue of statelessness and stateless populations. To reach any improvement in protection standards, the ‘legal ghosts’ should be brought to light. Legislators, politicians and advocates should understand the phenomenon of statelessness, the relevant international obligations and who the populations concerned are. Improved and targeted statistical data collection can be pivotal in this respect. Another area for enhanced visibility is legislation. It is preferable that states enact a separate legal Act,33 or at least a particular chapter in a relevant law,34 to enable all parties to know where to turn to for legal guidance. Of course, non-legislative measures such as training are also fundamental. 31 32 33 34 These steps indicate a ‘roadmap’ for states wishing to establish a statelessness-specific protection mechanism and civil society actors advocating to this end, rather than describing different scales through which a stateless person can access protection. Cf. Geneva Conclusions, para. 1; UNHCR, ‘Guidelines on Statelessness No. 2: Procedures for Determining whether an Individual is a Stateless Person’, para. 1. As in the Spanish legislation, see Royal Decree 865/2001 of 20 July approving the Regulation for the Recognition of the Status of Stateless Persons (Real Decreto No 865/2001, de 20 de julio, por el que se aprueba el Reglamento de Reconocimiento del Estatuto de Apátrida). As in the Hungarian and Moldovan legislation. See Act II of 2007 on the Admission and Right of Residence of Th ird-Country Nationals (2007. évi II. törvény a harmadik országbeli á llampolgá rok beutaz ásá ról és tartózkodásá ról), Chapter VIII, and Act 200 of 16 July 2010, on the Regime of Foreigners in the Republic of Moldova (Legea Nr. 200 din 16.07.2010 privind regimul stră inilor în Republica Moldova), Chapter X1 (respectively). 9781107032446c05_p116-143.indd 125 6/16/2014 3:12:02 PM