SOLVING STATELESSNESS
was originally mandated to address only the situation of stateless
persons who were also refugees.7 Following the emergence of largescale statelessness linked to the collapse of the former Soviet Union,
Czechoslovakia and the Federal Socialist Republic of Yugoslavia,
UNHCR’s statelessness mandate was expanded by the UN General
Assembly in 1995.8 The General Assembly identified statelessness as a
cause of forced displacement, but also indicated that “the prevention
and reduction of statelessness and the protection of stateless persons
are important also in the prevention of potential refugee situations”,9
thereby acknowledging the importance of addressing statelessness to
prevent conflict and persecution from occurring in the first place. It is
also true that a number of the largest and most well-known stateless
populations continue to live in what could be described paradoxically
as a perpetual state of humanitarian crisis, the most obvious example
being the Rohingya in Myanmar.10
The connection between statelessness and human rights is more
straightforward; stateless persons are first and foremost human, and
the right to nationality (the antidote to statelessness) is a universal
human right.11 In practice, possession of a nationality often acts as
the gateway to the full panoply of civil, political, economic, social
and cultural rights. In particular, nationality brings with it access to
political participation, the full right to residence within the State of
nationality’s territory, and a sense of identity. The slow but steady
improvement in the breadth and depth of documented evidence of the
impact of statelessness in human rights terms,12 the greater use of UN
7
8
9
10
11
12
UNGA, Statute of the Office of the United Nations High Commissioner for
Refugees, 14 December 1950, A/RES/428(V), para. 6(A)(II) and 1951
Convention relating to the Status of Refugees, 28 July 1951, entry into force 22
April 1954, 189 UNTS 137, Art. 1(A).
UNGA, Resolution A/RES/50/152, Office of the High Commissioner for
Refugees, 9 February 1996.
Ibid. emphasis added.
For example, see, Fortify Rights, Policies of Persecution: Ending Abusive State
Policies against Rohingya Muslims in Myanmar, 2014.
See, for example, Universal Declaration of Human Rights, 10 December 1948,
Adopted and proclaimed by General Assembly resolution 217 A (III), Art.
15; International Covenant on Civil and Political Rights, 16 December 1966,
entry into force 23 March 1976, 999 UNTS 171, Art. 24; and Convention on
the Rights of the Child, 20 November 1989, entry into force 2 September 1990,
1577 UNTS 3, Art. 7.
For example, see recent statelessness ‘mapping’ studies undertaken by UNHCR
49