must coordinate with UNHCR to provide it. Legal assistance is guaranteed, though the law does not specify
how it is delivered. The burden of proof is shared, and there is a right of appeal which suspends removal.
Recognised stateless people and their families receive a three-year residence permit and the right to work
and access to education, albeit with some limitations. Naturalisation is facilitated after two years of official
residence, and the application is free, requiring minimal documentation. 66
Côte d’Ivoire: Côte d’Ivoire acceded to both Statelessness Conventions in 2013 and introduced Africa’s first
statelessness determination procedure in 2020. Two commissions were established to assess applications,
allowing individuals to be recognised as stateless while retaining the option to later prove Ivorian nationality.
Recognition grants access to identity documents and legal processes. A rejected application implies the
applicant is considered to hold a nationality.
4. Risks and challenges in implementing SDPs
4.1. Determining statelessness and refugee status
Statelessness can be both a cause and a consequence of forced migration. 67 Many refugees come from
countries where discrimination in nationality laws, State succession, or deprivation of nationality practices,
can mean they or their children are stateless or at risk of statelessness. 68 Statelessness can be critical at
different stages of the asylum process, affecting the assessment of a claim for international protection as well
as access to family reunification, resettlement, and inclusion measures (as well as the possibility of return),
because stateless people are unlikely to have documentary proof of their identity and family links. 69 It also
affects the nationality rights of children born to refugees. Stateless people are at risk of discrimination and
rights violations if their statelessness is not identified and acted upon within international protection
procedures. This has been acknowledged by the EU with the recent inclusion of new legal requirements
under the EU Pact on Migration and Asylum to identify indications of statelessness as part of screening; to
register, pending a determination, any claim of statelessness by an asylum applicant; and to strengthen
measures to protect the fundamental rights of stateless persons and avoid discrimination in asylum
procedures.70
If a stateless person applies for asylum, it is important to determine both their claim for international
protection and their claim of statelessness. Each application should be assessed and both types of status
should be explicitly recognised so that even if international protection ceases, the person remains entitled
to protection as a stateless person. 71 This also helps to prevent arbitrary or unlawful detention, which can
occur if a stateless person, who has no country to which they can return, is refused international protection
(or their protection status ceases), and their statelessness has not been identified and determined. 72 It also
enables States to comply with their international obligations to prevent and reduce statelessness, including
to ensure all children born on the territory who would otherwise be stateless acquire a nationality, 73 and to
facilitate the naturalisation of stateless people on their territory. 74
Statelessness determination should be conducted either in parallel with or following the refugee status
determination, with due regard to the primacy of the asylum claim and the principle of confidentiality for
refugees in statelessness determination procedures.75 In practice, this means that all SDP applicants should
be informed of the importance of raising potential refugee-related concerns, and States must not disclose
the identity of a refugee or asylum-seeker to the authorities of countries with which they have a link. If
enquiries with authorities that could compromise confidentiality are required to determine an applicant’s
statelessness, the statelessness claim should be suspended until the refugee status determination is fully
concluded.76