120 Gábor Gyulai In addition to the protection versus reduction dilemma, the boundaries between the protection of stateless persons and refugee protection should also be designated. Many stateless persons are forced migrants. Statelessness often constitutes (or at least is an element of) the ‘push factor’, while in other cases forced migration results in statelessness.16 Stateless refugees are explicitly protected under Article 1A(2) of the 1951 Refugee Convention. Regional instruments extending the application of the refugee definition or creating regional complementary protection mechanisms also make explicit or implicit reference to stateless persons.17 Because of this, and the different protections needed by stateless refugees outside their ‘own countries’, regimes envisaging protection for stateless persons should concentrate on those who do not qualify for refugee status (or subsidiary protection in the EU). Notwithstanding the numerous shortcomings in the international refugee protection system, it is at least an existing and functioning protection framework in many countries, whilst currently the same cannot be said of the statelessness protection regime. Much more could be said about the interface between statelessness and refugee law. However, this chapter will concentrate on the protection and identification of non-refugee stateless persons.18 Outside these particular scenarios – stateless populations living in their own countries in particular – the 1954 Convention still remains very relevant to individual stateless persons, and the remainder of the chapter deals with these situations. 5.2. Classifying the protection environment If statelessness has remained in the cupboard for several decades, the protection of stateless persons has been kept right at the back, on its dustiest 16 17 18 See Chapter 10 by Nonnenmacher and Cholewinski in this volume. See Convention Governing the Specific Aspects of Refugee Problems in Africa, Addis Ababa, 10 September 1969, in force 20 June 1974, 1001 UNTS 45, Art. 1(2); Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, Cartagena, 22 November 1984, para. 3; Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Th ird Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection and the Content of the Protection Granted, Luxembourg, 19 May 2004, 2004/83/EC, Art. 2(e). For more on the inter-relationship between refugee protection and stateless protection, see A. Edwards and L. Van Waas, ‘Statelessness’ in Oxford Handbook on Refugee and Forced Migration Studies (Oxford University Press, in press) and G. Gyulai, ‘Statelessness in the EU Framework for International Protection’, European Journal of Migration and Law, 14 (2012), 279–95. 9781107032446c05_p116-143.indd 120 6/16/2014 3:12:01 PM

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