1. Introduction
To be stateless is to have no nationality. For the millions of
stateless people around the world, this can mean denial of basic
rights most people take for granted: to go to school or work, get
married or register the birth of your child, to legally ‘exist’. In
Europe, statelessness affects both recent migrants and those
who have lived in the same place for generations. 1 It can be
intertwined with other root causes of displacement, 2 such as the
persecution of minority groups, armed conflict, discrimination
and gaps in nationality laws, and deprivation of nationality
practices. Many in Europe are also stateless in situ, they may
have been born in the country where they are living or have lived
there for many years, as in situ statelessness is often linked to
State succession and discriminatory laws or practices against
certain communities trapped in intergenerational statelessness.
For example, thousands of Romani people in Europe lack any
identification documents to assert their nationality, and
hundreds of thousands of people are excluded from citizenship
in the Baltic States, particularly Russian-speaking minority
groups.3
The only way to resolve statelessness is to acquire a nationality.
However, it is important to distinguish between the solutions
required to address in situ statelessness and statelessness in a
migratory context.4 For people who are stateless in situ, who
have long-established ties to the countries where they are living,
the solution is not to grant a protection status that prolongs their
statelessness. Instead, States should resolve in situ statelessness
by confirming or granting nationality to those who lack it,
including through targeted nationality campaigns or nationality
verification efforts. States should also work to identify and
eliminate discriminatory laws, policies, and practices that
perpetuate intergenerational (risk of) statelessness affecting
minoritized and marginalised populations.
In the case of stateless migrants or refugees, States should first
identify who is stateless on their territory, formally determine
their statelessness (giving primacy to any asylum claim), and
then grant them an adequate protection status with rights
aligned with the 1954 Convention relating to the Status of
Stateless Persons (1954 Convention) and international human
rights law.5
Establishing a dedicated SDP helps States assess the size of the
stateless population on their territory and the issues they face,
as well as adequately identifying and protecting stateless
migrants and refugees, thereby both fulfilling their obligations
under international law and providing a comprehensive,
sustainable solution for individuals who cannot return to their
country of origin or former residence. Most countries in Europe
Stateless person
A stateless person is someone ‘who
is not considered as a national by
any State under the operation of its
law’1. This definition is part of
customary international law and has
been authoritatively interpreted by
UNHCR as requiring ‘a mixed
question of fact and law’. 2
Undetermined or unknown nationality
Refers to a situation where a
person’s nationality or lack of
nationality is not yet confirmed.
These terms should be used with
extreme caution for the shortest
possible time and should always
trigger a formal determination of the
person’s nationality or statelessness.
People who identify themselves as
stateless should generally be
recorded as stateless and referred to
an appropriate procedure to
determine their statelessness (or
nationality).
In situ statelessness
People who are stateless in situ are
commonly in a non-migratory
situation. They may be stateless in
‘their own country’,3 a country they
have a significant attachment to
(which is often the country where
they were born and have always
lived), and do not have significant
ties to other countries. Statelessness
in situ often occurs in the context of
State succession or is perpetuated
due to discriminatory laws or
practices against certain
communities.