B. INDIVIDUALS IN A MIGRATORY CONTEXT
(1) Individuals awaiting determination of statelessness
144.
As discussed in the Introduction to the Handbook, although the 1954
Convention does not explicitly address statelessness determination
procedures, there is an implicit responsibility for States to identify
stateless persons in order to accord them appropriate standards of
treatment under the Convention.92 The following paragraphs consider
the appropriate status for individuals awaiting the determination of their
statelessness.
145.
An individual awaiting a decision is entitled, at a minimum, to all rights
based on jurisdiction or presence in the territory as well as “lawfully in”
rights.93 Thus, his or her status must guarantee, inter alia, identity papers,
the right to self-employment, freedom of movement and protection against
expulsion.94 As the aforementioned Convention rights are formulated
almost identically to those in the 1951 Convention, it is recommended
that individuals awaiting a determination of statelessness receive the
same standards of treatment as asylum-seekers whose claims are being
considered in the same State.
146.
The status of those awaiting statelessness determination must also reflect
applicable human rights such as protection against arbitrary detention
and assistance to meet basic needs.95 Allowing individuals awaiting
statelessness determination to engage in wage-earning employment,
even on a limited basis, may reduce the pressure on State resources and
contributes to the dignity and self-sufficiency of the individuals concerned.
(2) Individuals determined to be stateless – right of residence
52
147.
Although the 1954 Convention does not explicitly require States to grant
a person determined to be stateless a right of residence, granting such
permission would fulfil the object and purpose of the treaty. This is
reflected in the practice of States with determination procedures. Without
a right to remain, the individual is at risk of continuing insecurity and
prevented from enjoying the rights guaranteed by the 1954 Convention
and international human rights law.
92
Please see paragraph 8.
93
As set out in paragraphs 134-135 above. This would also apply in States without dedicated
determination procedures when an individual raises a statelessness claim in another
context.
94
Please see paragraph 72 above on protection against expulsion for fair and efficient
determination procedures.
95
Please see paragraphs 140-141 above.