children. Apart from the misery caused to the people themselves, the effect of marginalizing
whole groups of people across generations may severely affect the balanced integration in
society and may represent a source of conflict.
2.4 UNHCR’s engagement with statelessness
UNHCR has been involved in statelessness issues and with stateless persons since it began
operations in 1950. The organization is mandated by the United Nations to protect refugees
and to help them find solutions to their plight, and many of the refugees assisted throughout
the years have also been stateless.37 Indeed, over the past several decades, the link between
the loss or denial of national protection and the loss or denial of nationality has been well
established. It is also now generally understood that possession of an effective nationality and
the ability to exercise the rights inherent to nationality help to prevent involuntary and coerced
displacements of persons.38
Over the years, UNHCR’s role in helping to reduce the incidence of statelessness and in
assisting stateless persons has expanded. UNHCR is neither explicitly mentioned in the 1954
Convention on the Status of Stateless Persons nor in the 1961 Convention on the Reduction of
Statelessness. However, the UN General Assembly has designated UNHCR as the appropriate
body to examine the cases of persons who claim the benefit of the Convention and assist
them in presenting their claim to the authorities under Article 11 of the 1961 Convention of
the Reduction of Statelessness39 and recognized UNHCR more generally as the UN institution
with an international protection mandate for stateless persons.40
The organisation’s responsibilities towards statelessness issues and stateless persons were
elaborated by UN General Assembly resolutions41 and through the recommendations of the
organisation’s own advisory body, the Executive Committee of the High Commissioner’s
Programme (ExCom).42
The UN General Assembly resolutions which set out UNHCR’s mandate on statelessness are
universal in scope and do not restrict UNHCR’s activities to State Parties to either the 1954
Convention or the 1961 Convention. UNHCR’s statelessness mandate covers all situations
of statelessness.
26
37
Paragraph 6(A) (II) of UNHCR’s Statute and article 1(A) (2) of the 1951 Convention refers to stateless
persons who meet the criteria of the refugee definition.
38
See UN General Assembly resolution A/RES/50/152 (21 Dec. 1995).
39
UN General Assembly resolutions 3274 (XXIX),10 December 1974, and A/RES/31/36, 30 Nov. 1976.
40
UNHCR’s Role in Supervising International Protection Standards in the Context of its Mandate,
Keynote Speech delivered by Volker Türk at York University (Toronto) Conference in May 2010,
available at: www.unhcr.org/4bf406a56.html. See Article 33 of the 1954 Convention: the SecretaryGeneral is nominally mentioned but in practice this is to be read as UNHCR; see further UN General
Assembly resolutions A/RES/49/169 (para. 20); A/RES/50/152 (para. 14, where it was clarified
that UNHCR’s activities on behalf of stateless persons are part of the office’s statutory function of
providing international protection, and para. 15); A/RES/61/137 (Para. 4).
41
UN General Assembly resolutions: A/RES/51/75, (12 Dec. 1996), A/RES/53/125 (9 Dec. 1998),
A/RES/54/146 (17 Dec. 1999), A/RES/55/74 (4 Dec. 2000), A/RES/55/153 (12 Dec. 2000), A/
RES/56/137 (19 Dec. 2001), A/RES/57/187 (18 Dec. 2002), A/RES/58/151 (22 Dec. 2003), A/
RES/59/34 (2 Dec. 2004), A/RES/59/170 (20 Dec. 2004), A/RES/60/129 (16 Dec. 2005), A/
RES/61/137 (19 Dec. 2006), A/RES/62/124 (18 Dec. 2007), A/RES/63/118 (11 Dec. 2008), A/
RES/63/148 (18 Dec. 2008), A/RES/64/127 (18 Dec. 2009), and A/RES/65/194 (21 Dec. 2010).
42
The Executive Committee of the programme of the High Commissioner is composed of
representatives from countries – 79 countries as of May 2011 – selected by ECOSOC on the basis
Mapping statelessness