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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.
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