Other
28 705
Spain is a country where those born on the territory who would otherwise be stateless
acquire Spanish nationality at birth. The statistics suggest that it should be possible to
identify whether those recognised as stateless in Spain include refugee children, and if so to
investigate why. Information from Proyecto Ödos suggests that there is a particular problem
with births on route to Spain in cases of migrant children whose parents are able to
approach their embassy, but whose embassies will not register the birth. This points to an
issue highlighted by much of the other evidence: the need to distinguish refugee families,
who have good reason not to approach their national embassy, from others who can do so.
This in turn raises the particular problem of people with pending claims for international
protection, which may take a long time to determine, during which period the question of
whether, ultimately, they will be able to approach their embassy is unresolved.
In the case of Belgium, in mid-2019, the UN update on budgets and funding records 61,677
refugees and 10,933 stateless persons in Belgium. Statistics on newly arrived asylumseekers in Belgium in 2019, report:
Belgium
Syria
2 730
Palestine
2 320
Afghanistan
2 245
El Salvador
1 365
Eritrea
1 155
Other
13 290
Given the nationalities represented, it is clear that stateless people in Belgium include
asylum-seekers (e.g. Palestinians) and it is reasonable to infer, given the nationalities, that
other asylum applicants are likely to be affected by statelessness. Younger children are likely
to be dependants rather than applicants in their own right. Belgium grants nationality
automatically at birth to children who would otherwise be stateless born on its territory.
Information from the Statelessness Index suggests that safeguards exist.2 Therefore, an
important line of enquiry, when a potentially stateless child living in Belgium is identified, is
where that child was born.
2
Article 10(2) Belgian Nationality Law; judgment of the Constitutional Court in l’ASBL (Défense des Enfants International - Belgique - Branche francophone (D.E.I. Belgique)) case 73/2008, of 17 December 2008;
Circulaire relative aux modifications du Code de la nationalité belge introduites par la loi du 27 décembre 2006
portant des dispositions diverses of 25 May 2007.
7