Statelessness in Czechia | January 2024 7 to participate fully in society or democratic processes. They are often forced to live in poverty and may be subjected to unlawful detention, exploitation, and discrimination. These circumstances and other experiences may have severe impacts on their mental health and their overall well-being. Finding solutions for stateless people brings many benefits for individuals and societies. In addition to protecting fundamental human rights, the recognition and resolution of statelessness contributes to social and economic development.19 Stateless people in Czechia encounter challenges in addressing immigration and nationality matters. These include issues related to obtaining identity and travel documents, navigating complex administrative procedures, and accessing basic services such as healthcare and accommodation. The procedure for determining statelessness in Czechia guarantees certain rights, such as the right to remain on Czech territory (for initial applications), and ensures the issuance of IDs, but does not guarantee accommodation in reception centres for asylum-seekers or access to health insurance. Applicants must demonstrate that no State recognises them as citizens and while the burden of proof is shared, cooperation from applicants is expected, which can be challenging, especially for those who faced persecution or discrimination in their home countries. If a person is recognised as stateless, they are granted a tolerated stay visa for one year, which can be extended and renewed.20 After five cumulative years, individuals become eligible to apply for permanent residence. However, this approach contravenes the protective purpose of the 1954 Convention and does not constitute a strong residence status, leading to challenges for those recognised as stateless in Czechia, particularly in terms of their livelihood and integration. While stateless persons with a tolerated stay visa have the potential to access public health insurance, they may face barriers in practice.21 Stateless individuals have the right to work during the statelessness procedure after six months (similar to asylum-seekers).22 Analysis by UNHCR shows that the individual situation of stateless people is not fully understood by authorities. Interviews revealed a lack of willingness on the part of officials to recognise the special circumstances of stateless persons, leading to inconsistent case handling. This created a sense of powerlessness among stateless persons, further reinforced by the lack of clear procedural guidelines to help them navigate their situation and understand the necessary steps to take.23 It is crucial to focus on the individual situation, recognising that statelessness is a complex issue that requires personalised solutions. Stateless persons awaiting recognition of their status are often denied access to education and the right to family reunification is not extended to those with a tolerated stay visa. The challenges faced by stateless people living in Czechia have a significant impact on their daily lives. Stateless people or those at risk often encounter difficulties when attempting to access vital services such as opening a bank account or paying bills. While stateless persons are issued with an identity document, in practice it is not always 19 See UN resolution of 12 July 2023 recognising some of the many complexities of statelessness, the harm it causes, and calling for states to take action to fulfil the right to a nationality (The right to a nationality: equality in nationality rights in law and in practice, A/HRC/53/L.28/Rev.1). 20 Section 49a para. 1 of the Immigration Act. 21 Section 48, 50(3), 113 and 114 of the Immigration Act 22 Section 48 para. 3 of the Immigration Act (effective as of 1 January 2024 according to the Art. XVII point b) of the Act No. 173/2023 Coll.) Explanatory Memorandum of 8 February 2023 to the Bill amending the Immigration Act. Available in CZE here. 23 UNHCR, Faces of Statelessness in the Czech Republic, December 2020. Available here.