2.2 Causes of statelessness
Statelessness occurs for a variety of reasons which can be grouped into three categories: a)
causes linked to dissolution and separation of States and transfer of territory between States;
b) causes linked to the complex, technical operation of citizenship laws or administrative
practices; and c) causes linked to discrimination or arbitrary deprivation of nationality.27
Causes linked to dissolution and separation of States and transfer of territory between States
Firstly, statelessness often arises in the context of State dissolution: the turbulent dissolution
of the Soviet Union and the Yugoslav Federation caused internal and external migration
that left millions stateless throughout Eastern Europe and Central Asia. Twenty years later,
hundreds of thousands of people in the region remain stateless or at risk of statelessness.
The post-colonial formation of States has been another major cause of statelessness. Large
populations have remained without citizenship as a result of decades of such state-building
processes in Africa and Asia, which involved defining who are citizens of the independent
State.
Technical causes
Secondly, people may become stateless as a result of the complex, technical operation of
citizenship laws or administrative practices. States have the right to determine whom they
consider to be a citizen and have adopted a wide range of approaches in this field. Within this
complex international maze of citizenship laws, many people find that they fall through the
cracks between them. An individual can, for example, become the victim of a conflict of laws,
in which two States each claim that the other is responsible for the bestowal of nationality.
This is especially likely to happen when a person’s State of birth grants nationality by descent
(jus sanguinis), while his or her parents were born in a State that attributes nationality by birth
on its territory (jus soli). In addition, some States employ a mechanism whereby automatic
loss of nationality occurs, for instance after a prolonged absence from the country (in some
States as few as three or five years is considered a “prolonged absence”).28
Failure or inability to undertake what might be considered a simple administrative endeavour
can also lead to statelessness. Lack of registration of children at birth – a pervasive problem
in many developing countries – leaves many children without proof of where they were born,
who their parents were or where their parents were from. Not having a birth certificate does not
automatically indicate the lack of citizenship, but in many countries, and in today’s increasingly
mobile world of migrants, not having proof of birth, origins or legal identity increases the risk
of statelessness.
Discrimination and arbitrary deprivation of nationality
Thirdly, underlying causes in most situations of statelessness are discrimination and arbitrary
deprivation of nationality. Ethnic and racial discrimination as well as discrimination affecting
women and children are particularly topical.
27
UNHCR, Nationality and Statelessness: A Handbook for parliamentarians, 2005, pp. 27-39.
28
Ibid. p. 33.
in the United Kingdom
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