57 - 58 PART TWO: PROCEDURES FOR THE DETERMINATION OF STATELESSNESS A. GENERAL (1) Overview Government officials might encounter the question of whether a person is stateless in a range of contexts, reflecting the critical role that nationality plays in everyday life. For example, consideration of nationality status is relevant when individuals apply for passports or identity documents, seek legal residence or employment in the public sector, want to exercise their voting rights, perform military service, or attempt to access government services. The issue of nationality and statelessness may arise when an individual’s right to be in a country is challenged in removal procedures. In refugee status determination, nationality is often key to identifying the country (or countries) in relation to which an individual’s allegations of a well-founded fear of persecution should be assessed. An assessment of statelessness will be necessary where an individual seeks the application of the safeguards set out in the 1961 Convention. These examples illustrate that determination of statelessness is necessary in a range of judicial and administrative procedures. This Handbook is concerned, though, with procedures that are aimed specifically, if not exclusively, at determining whether an individual is stateless. PART TWO 57. (2) Determination of statelessness and the right to a nationality 58. Statelessness determination procedures generally assist States in meeting their commitments under the 1954 Convention. Their use, however, may not be appropriate in relation to certain stateless populations. Statelessness can arise both in a migratory and non-migratory context and the profile of statelessness in a particular country may fit one or the other scenario or might be mixed. Some stateless populations in a nonmigratory context remain in their “own country” and may be referred to as in situ populations.41 For these groups, determination procedures for the purpose of obtaining status as stateless persons are not appropriate 41 The phrase “own country” is taken from Article 12(4) of the International Covenant on Civil and Political Rights (ICCPR) and its interpretation by the UN Human Rights Committee. 25

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