E. DETERMINING WHO IS STATELESS 6 8. Whilst the 1954 Convention establishes the international legal definition of “stateless person” and the standards of treatment to which such individuals are entitled, it does not prescribe any mechanism to identify stateless persons as such. Yet, it is implicit in the 1954 Convention that States must identify stateless persons within their jurisdictions so as to provide them appropriate treatment in order to comply with their Convention commitments.5 This Handbook advises on the modalities of creating statelessness determination procedures, including questions of evidence that arise in such mechanisms. In so doing, the Handbook addresses procedures that are aimed specifically, if not exclusively, at determining whether an individual is stateless. Moreover, the focus is on recognition of stateless persons as defined in the 1954 Convention and on the obligations of States that are party to this Convention. Some consideration is given to States not bound by this treaty and to the identification of de facto stateless persons. 9. Only a relatively small number of countries have established statelessness determination procedures, not all of which are highly regulated. There is growing interest in introducing such mechanisms. Statelessness is a juridically relevant fact under international law. Thus, recognition of statelessness plays an important role in enhancing respect for the human rights of stateless persons, particularly through access to a secure legal status and enjoyment of rights afforded to stateless persons under the 1954 Convention. 10. It is also in States’ interests to establish statelessness determination procedures. Doing so enhances the ability of States to respect their obligations under the 1954 Convention. In countries where statelessness arises among mixed migratory movements, statelessness determination procedures also help governments assess the size and profile of stateless populations in their territory and thus determine the government services required. In addition, the identification of statelessness can help prevent statelessness by revealing the root causes and new trends in statelessness. 5 States have recognised this in relation to the establishment of refugee status determination procedures despite the 1951 Convention being silent on this matter. Please see Executive Committee Conclusion No. 8 (XXVIII) of 1977, paragraph a; Executive Committee Conclusion No. 11 (XXIX) of 1978, paragraph h; Executive Committee Conclusion No.14 (XXX) of 1979, paragraph f; and Executive Committee Conclusion No. 16 (XXXI) of 1980, paragraph h. Please see UNHCR, Conclusions Adopted by the Executive Committee on The International Protection of Refugees, 1975-2009 (Conclusion No.1 – 114), 2017, HCR/IP/3/Eng/REV.2017, https://www.refworld.org/docid/5a2ead6b4.html.

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