W H E N D O STAT E S N E E D TO E STA B L I S H
STAT E L E SS N E SS D E T E R M I N AT I O N
PROCEDURES?
A
lthough statelessness determination procedures generally assist States in
meeting their commitments under the 1954 Convention, their use may
not be appropriate in relation to certain stateless populations.
Most stateless people around the world live in a country they call their own.
They have long‑established ties with the country through birth or long‑term
residence. As a result, it is generally not appropriate to delay solutions for
stateless people in these situations by having them apply for recognition as
stateless persons through a determination procedure. States which host such
stateless populations need to focus their efforts on facilitating the full integra‑
tion of these groups by making sure that they acquire the nationality of the
country. Governments can facilitate this process by changing legislation and
policies to reduce or eliminate requirements for the acquisition of nationality
or by assisting stateless persons to meet those requirements.
Stateless persons are also present amongst migrant populations. They may not
yet have established sufficiently strong ties with their new country of residence
to meet the requirements for naturalization. Acquisition of the nationality of
the country with which they have the strongest ties may also prove impossible.
Indeed, they may not even enjoy the right to reside in any State. Until they can
acquire a nationality, stateless persons have rights under the 1954 Convention
in States which are parties to this treaty and pursuant to international human
rights law. A statelessness determination procedure serves to identify stateless
persons among migrant populations to ensure that they enjoy the rights to
which they are entitled until they acquire a nationality.
4
S t a t e l e ss n e ss D e t e r m i n a t i o n P r o c e d u r e s