B. UNHCR AND STATELESSNESS
4.
UNHCR issues this Handbook pursuant to its mandate responsibilities to
address statelessness. UNHCR’s responsibilities were initially limited to
stateless persons who were refugees as set out in paragraph 6 (A) (II) of the
UNHCR Statute and Article 1 (A) (2) of the 1951 Convention. In this capacity,
UNHCR was involved in the drafting of the 1954 Convention. To undertake
the functions foreseen by Articles 11 and 20 of the 1961 Convention on the
Reduction of Statelessness (“1961 Convention”) UNHCR’s mandate was
expanded to cover persons falling under the terms of that Convention by
General Assembly Resolutions 3274 (XXIX) of 1974 and 31/36 of 1976. The
Office was entrusted with responsibilities for stateless persons generally
by General Assembly Resolution 50/152 of 1995, which endorsed UNHCR
Executive Committee Conclusion 78. Subsequently, in Resolution
61/137 of 2006, the General Assembly endorsed Executive Committee
Conclusion 106 which sets out four broad areas of responsibility for
UNHCR: the identification, prevention and reduction of statelessness
and the protection of stateless persons. Extracts from relevant General
Assembly resolutions and Executive Committee Conclusions are found in
Annexes IV and V, respectively.
C. THE SCOPE OF THE HANDBOOK
4
5.
The 1954 Convention’s provisions fall into three categories: those
establishing the definition of a “stateless person”; those relating to
their rights and obligations; and final provisions governing matters such
as accession to the Convention and cooperation of States Parties with
UNHCR. This Handbook sets out guidance on provisions falling within the
first two of these categories.
6.
This Handbook is intended to assist governments, policy makers,
administrative adjudicators, the judiciary, NGOs, legal practitioners,
UNHCR staff and other actors with interpreting and applying the 1954
Convention so as to facilitate the identification and proper treatment of its
beneficiaries. In addition, this Handbook will be relevant in a range of other
circumstances, such as the interpretation of other international instruments
that refer to, but do not define, “stateless persons”, “statelessness”, or
related terms. In this respect, it is noted that the 1954 Convention has
not yet attracted the same level of ratifications/accessions as the 1951
Convention and other human rights treaties. Hence, there is limited State
practice, including jurisprudence of national courts, on the application of
the 1954 Convention, particularly regarding the interpretation of Article 1(1).
The guidance in this Handbook nevertheless considers existing practice
of States party to the 1954 Convention and results from a series of expert
consultations held by UNHCR.