Background
the grant of nationality is non-discretionary where nationality is acquired through
registration, while naturalization is usually a more elaborate process and often
discretionary in nature. Non-automatic procedures are generally a less effective way
to resolve statelessness because they require the person concerned to take certain
steps to acquire nationality. For various reasons, including lack of information about the
right to seek citizenship and the related procedures, or problems of physical access or
poverty (if fees or other costs are involved), some stateless persons may not be able
to benefit from such procedures. In addition, naturalization procedures usually give
government authorities the discretion to reject applicants and may in some cases also
lead to lengthy delays in the grant of nationality.
In accordance with article 32 of the 1954 Convention relating to the Status of Stateless
Persons (1954 Convention), it is recommended that States Parties facilitate, as far as
possible, the naturalization of stateless persons. They can do so by creating expedited
procedures, charging lower fees, or reducing residence or other requirements, for
example.1 One possible approach is establishing a Statelessness Determination
Procedure (SDP) to identify stateless persons and as a pathway to acquisition of
nationality through facilitated naturalization. It should however be noted that SDPs
are generally not the best option for resolving statelessness in the context of in situ
stateless populations.2 UNHCR’s Good Practices Paper on Action 6 highlights specific
good practices in this respect.3
Where States are willing to end statelessness but lack the capacity to do so, UNHCR
can provide support, usually in coordination with national authorities and civil society,
and sometimes regional organizations or UN partners. Such assistance may include:
•
filling capacity gaps in administrative procedures;
•
raising awareness through public information campaigns;
•
providing legal advice to stateless individuals and guidance on how to access
procedures;
1
2
3
4
See Article 32 of the Convention.
Paragraphs 58 – 61, UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, available at: https://www.
refworld.org/docid/53b676aa4.html
UNHCR, Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect Stateless
Persons, available at: https://www.refworld.org/docid/5f203d0e4.html
U N H C R > G P P A C T I O N 1 : R E S O LV I N G E X I S T I N G M A J O R S I T U AT I O N S O F S TAT E L E S S N E S S