2.3.3 The human face of statelessness
As discussed above, most of the stateless persons in Sweden entered the country in a migratory context.
Their experiences with judicial and administrative processes have mostly been in relation to an application
for asylum or a residence permit on other grounds, or for naturalization. In none of these processes does
their statelessness per se appear to have been given much attention.
Also, from the consultations held with national and non-governmental stakeholders, there appears to
be limited awareness about the issue of statelessness generally, and the situation of stateless persons in
Sweden and their rights under the 1954 and 1961 Conventions, specifically. The NGOs consulted indeed
confirmed that the possible protection concerns of stateless persons outside the asylum context are not
well known or prioritised by organizations working on behalf of vulnerable populations.
2.4 Conclusions and recommendations
Awareness of statelessness as a distinct human rights issue, which has consequences for the individuals
concerned, and for States like Sweden which are Parties to the 1954 and 1961 Conventions, is generally
low among government authorities, NGOs, and the public at large. This is not least evidenced through
the absence of any reference to the 1954 or the 1961 Conventions in the Government Bill on the Act
on Swedish Citizenship. There is a corresponding lack of research on the situation of stateless persons in
Sweden, as well as a lack of targeted assistance aimed at this group. For these reasons, coupled with the lack
of information about the origins of stateless applicants for asylum in the Register of the SMA, it was difficult
to get a comprehensive picture of the origins, backgrounds, and profiles of stateless persons in Sweden.
Unfortunately, the scope of this research project did not allow UNHCR to conduct participatory assessments
with stateless persons in Sweden, which would have been valuable to learn more about stateless persons’
profiles and situation. UNHCR would therefore recommend that such a participatory study be undertaken,
as it would shed light on the situation of stateless persons in Sweden and how their statelessness affects
their situation in Sweden.
Individuals holding a residence permit in Sweden are registered by the Swedish Tax Agency in the Population
Register, which inter alia holds information about the individual’s nationality status, including if he or
she is stateless, or of “unknown” nationality, or if his or her nationality is “under investigation”. The SMA
maintains a separate Register of individuals being processed pursuant to the national aliens or citizenship
legislation, including persons seeking international protection or stay in Sweden on other grounds. While
an individual’s nationality status, including his or her statelessness, is registered and publicly available in the
Register of the SMA, there is no readily available information about the countries of birth or former habitual
residence of persons registered as stateless, or as having “unknown” nationality or “under investigation”
while undergoing these procedures. This limits the accessibility to information concerning the origins and
backgrounds of the persons registered as stateless, as having “unknown” nationality or as having their
nationality “under investigation” by the SMA. UNHCR therefore recommends exploring the possibility of
recording such persons’ country or place of former habitual residence in the Register of the SMA in a manner
which enables the generation of statistical reports containing this data.
As indicated above, the Swedish Tax Agency and the SMA use the same categories when registering persons
who are stateless, or potentially stateless, namely “stateless”, “unknown” nationality, and nationality “under
investigation”, which is positive. Inconsistencies in the actual registration of an individual’s citizenship
status in the respective registers could nonetheless arise due to the lack of a legal definition of a stateless
person in the national legislation, the absence of common guidelines on how to interpret and apply the
aforementioned categories, and the lack of an automated system for updating and aligning information in
the two registers.
UNHCR STOCKHOLM, 2016
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