The determination of statelessness
127
national and cultural community. Therefore, stateless persons’ access
to nationality should be facilitated in various ways, such as reducing
the minimum waiting period, fees and administrative obstacles.38
The same five-step model can – with some adaptations – be used in situations where stateless persons reside in their ‘own country’. The main
necessary modification will be that identification would be followed
immediately by naturalization or recognition of nationality, instead of
the granting of a protection status.
5.4.
Statelessness determination
Determining statelessness is somewhat similar to proving the existence of
an ‘invisible’ particle in physics. Its ‘presence’ as such may be impossible to
demonstrate – as one needs to prove a negative (‘not considered a national
of any State under the operation of law’)39 – but identifying the interaction it has with the environment can fulfil the same purpose. Literally
speaking, establishing statelessness means proving that someone is not
a national of any of the world’s nearly two hundred states. This would be
an incredibly lengthy and cumbersome (or largely impossible) endeavour.
Yet statelessness determination remains an indispensable cornerstone of
any statelessness protection mechanism, as already described, and it also
plays a crucial role in prevention and reduction measures. Luckily, practice demonstrates that statelessness can be realistically identified through
its impact on certain aspects of the person’s life, and there are simple
methods to reduce the scope of examination to a realistic level. The following parts outline the framework for statelessness determination and
the main challenges related thereto.
5.4.1
Access to statelessness determination
Protection mechanisms have no actual impact if those in need of protection are prevented from accessing them. Practice shows that protectionoriented asylum regulations, facilitated naturalization mechanisms and
progressive frameworks offering protection to victims of domestic violence too often remain promises on paper, as the machinery that would
give access to them is ineffective. These protection mechanisms are like
38
39
See 1954 Convention, Art. 32.
1954 Convention, Art. 1(1). See Chapter 3 in this volume by van Waas on the UN statelessness conventions.
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