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.