QUICK GUIDE 6 - OPERATIONALIZE KEY STATELESSNESS CONCEPTS QUICK GUIDE 6 - OPERATIONALIZE KEY STATELESSNESS CONCEPTS In researching statelessness, it is important to have a clear understanding of the key statelessness concepts and how they can be operationalized. Besides the concept of statelessness, the categories of persons at risk of statelessness or with undetermined nationality are useful when collecting data on statelessness. This is because it may not be possible through research to definitively identify that an individual is stateless. This can be for several reasons, including due to lack of conclusive evidence that no State considers that person to be a national. In this guide these different concepts will be explained and how they can be operationalized when collecting data on statelessness. appropriate method to obtain this information. Qualitative data collection can be opted for in case quantitative data collection is not feasible, including for reasons of limited financial resources and protection concerns when conducting quantitative data collection. • To examine the scope of relevant legislation and other sources, a desk review can in many cases provide substantial information on this. In case customary practices are involved, it is recommended to identify persons who can provide accurate information on these practices, and can include persons such as relevant government officials or NGO workers. Qualitative data collection through key informant interviews or semi-structured interviews are in many cases appropriate. Operationalizing the concept of statelessness The definition of a stateless person The international legal definition of a stateless person comes from the 1954 Convention relating to the Status of Stateless Persons: “A person who is not recognized as a national of any State under the operation of its law”. • “by any State” Although the definition is formulated in the negative (“not considered to be a national by any State”), only States with which someone has a relevant link, in particular by birth on the territory, descent, marriage, adoption or habitual residence, would need to be considered. An inquiry can thus be limited to only one State. When researching whether a certain group is stateless, it is recommended to start with a desk review to understand with which States the group has links with. A desk review can include an analysis of multiple sources of data that are available, such as legislation, policies and administrative frameworks; existing research; the media; and statistics. After a desk review, primary data collection may be necessary in case existing resources are not sufficient to establish which States a group has links with. Quantitative data collection, in the form of a sample survey, is in many cases the 54 U N H C R > R E S E A R C H I N G S TAT E L E S S N E S S - Q U I C K G U I D E S Meaning of “law” The reference to “law” should be read broadly to include not just legislation, but also ministerial decrees, regulations, orders, judicial case law (in countries with a tradition of precedent) and, where appropriate, customary practice. • When is a person “not considered as a national” under a State’s law and practice? Establishing whether an individual is not considered as a national under the operation of its law requires a careful analysis of how a State applies its nationality laws in practice. This is a mixed question of fact and law. Applying this approach of examining an individual’s position in practice may lead to a different conclusion than one derived from a purely formalistic analysis of the application of nationality laws of a country to an individual’s case. A State may not in practice follow the letter of the law, even going so far as to ignore its substance. The reference to “law” in the definition of statelessness therefore covers situations where the written law is substantially modified when it comes to its implementation in practice. To research whether a State ‘considers’ a particular group or individual as a national, a logical step is to approach the relevant competent authorities and ask them specific questions to this extent. In cases where this is not possible or desirable, other key informants can often be identified. Community leaders or members of the community can also provide information on their interactions with the authorities which may shed light on the question of whether they are considered nationals by the State. Appropriate qualitative data collection methods include key informant and semistructured interviews. U N H C R > R E S E A R C H I N G S TAT E L E S S N E S S - Q U I C K G U I D E S 55