In this case, states may accept other methods of proof, including credible declarations
made by witnesses and other third parties.
A collaborative approach among relevant States is essential in the recognition of
statelessness. 56 Countries adjudicating applications for statelessness need to share
information among various government departments and ministries, while collecting
information on relevant nationality laws and regulations in related countries. At present,
a standard approach for identifying stateless persons among States does not exist. Since
the criteria for establishing proof of statelessness may vary from State to State, an
individual who might be recognized as stateless in one country might not be so
recognized in others. If a State refuses to confirm that a person is its national, the refusal
in itself is a form of evidence that the person lacks protection from that State.
Many provisions in the Stateless Persons Convention, as follows from its genesis, have
been modeled after the Refugee Convention. Typical examples are non-discrimination
(Article 3), freedom of religion (Article 4), juridical status (Chapter 2), gainful
employment (Chapter 3), welfare (Chapter 4), freedom of movement (Article 26),
identity papers and travel documents (Article 27 and 28), expulsion (Article 31), and
expediting naturalization proceedings (Article 32). Nevertheless, most provisions limit
application of this Convention to legal residents. The treaty assures minimum legal
status to stateless person and does not oblige signatory states to eliminate statelessness.
(3) The 1961 Convention on the Reduction of Statelessness and the UNHCR as an
International Agency for Stateless Persons
The International Law Commission (ILC), responding to hopes for research on the
elimination of statelessness, took up nationality, including statelessness, in its founding
days for codification. It appointed Hudson and others as Special Rapporteurs for
consideration. The Economic and Social Council demanded the compilation at the
earliest opportunity of a draft treaty for the elimination of statelessness in August 1950
based on the discussion in the Ad Hoc Committee. The ILC drafted two draft treaties for
the elimination and reduction of statelessness.57 The General Assembly requested that
56
In no way is this to compromise the integrity of refugee determination processes. Privacy and the
safety of asylum-seekers and their families is the fulcrum of refugee protection. An arrangement must be
made with great care for inter-state collaboration in addressing stateless problems to avoid negative
effects on the fair administration of refugee determination.
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Nationality, including Statelessness Report on the Elimination or Reduction of Statelessness by Robert
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