2. International norms on determination of statelessness
Article 1, 1954 Convention relating to the status of stateless persons
Definition of the term “Stateless person”
1.
2.
For the purpose of this Convention, the term “stateless person” means a person who is not considered as a
national by any State under the operation of its law.
This Convention shall not apply:
(i)
To persons who are at present receiving from organs or agencies of the United Nations other than the
United Nations High Commissioner for Refugees protection or assistance so long as they are receiving
such protection or assistance;
(ii) To persons who are recognized by the competent authorities of the country in which they have taken
residence as having the rights and obligations which are attached to the possession of the nationality of
that country;
(iii) To persons with respect to whom there are serious reasons for considering that:
(a) They have committed a crime against peace, a war crime, or a crime against humanity, as defined in
the international instruments drawn up to make provisions in respect of such crimes;
(b) They have committed a serious non-political crime outside the country of their residence prior to their
admission to that country;
(c) They have been guilty of acts contrary to the purposes and principles of the United Nations.
In determining whether a person is stateless and should be entitled to protection, States must refer to the
definition of a stateless person in the 1954 Convention and consider UNHCR guidance on the interpretation
of this definition.6 In 2014, UNHCR published its Handbook on Protection of Stateless Persons, intended to
assist governments, policy and decision makers, international organisations and civil society in interpreting
and applying the 1954 Convention.7
Under the 1954 Convention and international human rights law, States must ensure that stateless people on
their territory have access to juridical rights, the right to work, economic and social rights including housing,
education and social security, freedom of movement, identity and travel documents, facilitated naturalisation,
and protection from expulsion. As States cannot meet these obligations towards stateless people without a
mechanism to identify who on their territory is stateless, the obligation to identify and determine
statelessness is implicit in the 1954 Convention. 8 This obligation has been reiterated by UNHCR, 9 the UN
Human Rights Committee,10 and the European Court of Human Rights. 11
The determination of statelessness is best fulfilled through a dedicated statelessness determination
procedure (SDP) that is fair, efficient, and easily accessible, in line with UNHCR guidelines. 12 As the procedure
is not an end in itself, for States to fulfil their obligations under the 1954 Convention the determination of
statelessness must lead to a dedicated statelessness status which includes a residence permit, access to
economic, social, civil, and political rights, the right to administrative assistance, exemption from
requirements the person cannot meet because they are stateless, and other rights protected by international
law. States should also establish a facilitated route to naturalisation so stateless people can acquire a
nationality and resolve their statelessness.
Of the 34 countries in the Index that have acceded to the 1954 Convention, 17 entered reservations that
impact on the rights of stateless people. 13 These most commonly impact on the right to welfare assistance,
and the right to identity documents. 14 Cyprus and Poland are the only two Index countries that are not yet
States parties to the 1954 Convention (and along with Estonia, are the only EU Member States who have not
yet acceded to the Convention).15