214
Nash
states have introduced a dedicated statelessness determination procedure to
enable them to fulfil their obligations in practice.4
The accession rate to the 1961 Convention leaves more to be desired with
sixteen European states5 still not parties to this instrument which seeks to
prevent and reduce statelessness. It remains an unacceptable phenomenon
that many children are still born stateless in today’s Europe. A recent in-depth
study by EUDO Citizenship reveals that several states still have nationality legislation on their statute books that either causes or perpetuates statelessness.6
In other countries statelessness arises from a failure to ensure comprehensive
birth or civil registration – particularly in South Eastern Europe.7 Mean
while, in Estonia and Latvia hundreds of thousands of ethnic Russians are
still denied effective access to nationality and live in a perpetual state of
non-citizenship.8
In terms of institutional responses to the problem of statelessness, the
Council of Europe has for several decades played an active role in adopting
instruments and recommendations.9 In recent years UNHCR too has noticeably increased its regional activities commensurate with a greater global attention to this part of its mandate. This concentration of effort and resources
leading up to and beyond its 2011 Ministerial meeting in Geneva, and the
related State pledges, has achieved impressive results.10 This has also increased
opportunities for effective collaboration with NGO partners. However, still
somewhat trailing in the wake of these developments has been the response,
4
5
6
7
8
9
10
Those with procedures are France, Georgia, Hungary, Italy, Moldova, Spain and the United
Kingdom.
States yet to accede are Belgium, Cyprus, Estonia, Greece, Iceland, Italy, Luxembourg,
Malta, Moldova, Montenegro, Poland, Russia, Slovenia, Spain, Switzerland and Turkey.
Olivier W Vonk, Maarten P Vink, and Gérard-René de Groot, ‘Protection against
Statelessness Trends and Regulations in Europe’ (May 2013) <http://eudocitizenship.eu/
images/docs/eudocit_vink_degroot_statelessness_final.pdf> accessed 19 August 2013.
UN High Commissioner for Refugees, ‘Report on Statelessness in South Eastern Europe’
(September 2011) <http://www.refworld.org/docid/514d715f2.html <accessed 19 August 2013.
See Council of Europe Commissioner for Human Rights, ‘Governments Should Act in
the Best Interests of Stateless Children’ <http://humanrightscomment.org/2013/01/15/
governments-should-act-in-the-best-interest-of-stateless-children/> accessed 19 August
2013.
See for full details of the Council of Europe’s activities in the field of nationality <http://
www.coe.int/t/dghl/standardsetting/nationality/default_en.asp> accessed 22 August
2013.
For a detailed summary of recent progress see UN High Commissioner for Refugees, ‘Note
on statelessness’ (4 June 2013) EC/64/SC/CRP.11 <http://www.refworld.org/docid/51d2a8884
.html> accessed 23 August 2013.
tilburg law review 19 (2014) 212-222