protection through such a mechanism, the status awarded on recognition
shall include, at the very least, permanent residence with facilitated access
to nationality.110
D. S
TATUS FOR STATELESS PERSONS NOT
COVERED BY THE 1954 CONVENTION
58
166.
Many individuals who meet the stateless person definition in the 1954
Convention live in countries that are not party to this treaty. Nevertheless,
the standards in the Convention and the practice of States parties may
prove helpful to such countries in devising and implementing strategies
to address statelessness in their territories, and regulating the status
of stateless persons. In particular, States which are not yet party to the
Convention may take note of the practice of providing identity papers
and travel documents to stateless persons, measures which have already
been adopted in several other non-Contracting States. In addition, all
States would need to comply with their obligations under international
human rights law, such as protection against arbitrary detention (Article
9(1) of the ICCPR) and, in the case of persons stateless in situ, the right to
enter and remain in one’s “own country” (Article 12(4) of the ICCPR).111
167.
De facto stateless persons also fall outside of the protection of the 1954
Convention.112 Nevertheless, as de facto stateless persons are unable to
return immediately to their country of nationality, providing them at the
very minimum with temporary permission to stay promotes a degree of
stability. Thus, States may consider giving them a status similar to that
recommended above in paragraph 159 for stateless persons who have
the possibility of securing protection elsewhere. In many cases an interim
measure of this nature will prove sufficient as return will become possible
110
Where States have created stateless populations in their territory, they may well be unwilling
to introduce statelessness determination procedures or grant stateless persons the status
recommended. In such cases UNHCR’s efforts to secure solutions for the population in
question may go beyond advocacy to technical advice and operational support for initiatives
aimed at recognising the link between such individuals and the State through the grant of
nationality.
111
Please see further paragraphs 164-165 above.
112
As noted in paragraph 7 above, there is no internationally accepted definition of de facto
statelessness. According to recent efforts to define the term, de facto stateless persons
possess a nationality, but are unable, or for valid reasons are unwilling, to avail themselves
of the protection of a State of nationality. Please see further Section II.A. of the Prato
Conclusions, note 4 above, which proposes the following operational definition for the
term: De facto stateless persons are persons outside the country of their nationality who
are unable or, for valid reasons, are unwilling to avail themselves of the protection of that
country. Protection in this sense refers to the right of diplomatic protection exercised by
a State of nationality in order to remedy an internationally wrongful act against one of its
nationals, as well as diplomatic and consular protection and assistance generally, including
in relation to return to the State of nationality.