(3) Role of UNHCR
116.
UNHCR assists States in a variety of ways to fulfil its statelessness
mandate.69 Drawing on its comparative knowledge of statelessness
determination procedures in a range of States and its own experience
making statelessness and nationality assessments, UNHCR can advise
on both the development of new statelessness determination procedures
and the enhancement of existing ones.70 In addition, UNHCR can facilitate
enquiries made by statelessness determination authorities with authorities
of other States and can act as an information resource on nationality laws
and practices.71 Access for applicants to UNHCR also plays a significant
role in ensuring the fairness of determination procedures. Finally, UNHCR
may conduct statelessness determination itself at an individual and/or
group level if necessary.
(4) Exploring solutions abroad
117.
Some applicants in statelessness determination procedures may have
a realistic prospect of admission or readmission in another State, in
some cases through the acquisition or reacquisition of nationality. These
cases, which tend to arise where individuals are seeking statelessness
determination in a migratory context, raise the issue of cooperation
between States to find the most appropriate solution. Efforts to secure
admission or readmission may be justified but these need to take place
subsequent to a determination of statelessness. Suspension of the
determination proceedings, however, is not appropriate in this context as
recognition of the individual’s statelessness is necessary to ensure full
protection of the rights to which he or she is entitled.
(5) A
dditional procedural and evidentiary safeguards
for specific groups
42
118.
Certain groups may face particular challenges in establishing their
nationality status. Age, gender and diversity considerations may require
that some individuals are afforded additional procedural and evidentiary
69
In particular, under paragraph 4 of Resolution 61/137 the UN General Assembly. Please see
paragraph 4 above and Annex IV.
70
As set out in UNHCR Executive Committee Conclusion 106 (LVII) of 2006, note 666 above,
the Executive Committee has requested UNHCR “to actively disseminate information
and, where appropriate, train government counterparts on appropriate mechanisms for
identifying, recording, and granting a status to stateless persons” and “to provide technical
advice to States Parties on the implementation of the 1954 Convention so as to ensure
consistent implementation of its provisions” (paragraphs (t) and (x)). Please see also Annex V.
71
States are also advised to consult nationality databases available through sources
such as UNHCR’s Refworld database, www.refworld.org, or regional sources such
as the European Union Democracy Observer (EUDO) nationality law database,
http://eudo-citizenship.eu/databases, and the Africa Governance Monitoring and Advocacy
Project (AfriMAP), www.afrimap.org