Paraguay
After acceding to the 1954 Convention in July 2014 and subsequently adopting the
Brazil Plan of Action, Paraguay made a commitment to establish an SDP in December
2014. In 2016, Paraguay also accepted a recommendation made at the Universal
Periodic Review to implement an SDP to ensure the protection of stateless persons who
are not refugees.44 In 2017, UNHCR provided Paraguay with technical assistance to draft
a bill establishing an SDP and introducing procedures for facilitated naturalization, which
was adopted in September 2018.45
The provisions establishing the SDP are based on UNHCR’s Draft Articles on the
Protection of Stateless Persons and the Facilities for their Naturalization. The Draft
Articles refer to the Brazil Plan of Action’s recommendation to include the procedure of
determining statelessness among the areas of competency of the National Commissions
for Refugees (CONARE) or an equivalent body. The Paraguayan legislation followed this
approach. One of its provisions expanded the name of the National Commission on
Refugees to the ‘National Commission for Stateless Persons and Refugees’ (CONARE).
Thus, the body that has experience in refugee status determination is also responsible
for statelessness status determination.
An application can be initiated orally or in writing, in person or through a legal
representative. However, the essential content of a verbal request is to be recorded in
writing. The applicant has the right to be represented by a lawyer at all stages of the
procedure. For those without financial means, CONARE will facilitate access to free legal
assistance services specialized in the international protection of refugees and stateless
persons. The application is free for the applicant and their family. Once an application
has been submitted, the Executive Secretariat is required to inform the applicant of their
rights and obligations as an applicant, and the criteria and procedures for being
recognized as stateless.
Any public authority that identifies a potentially stateless person is to immediately refer
the case to the Executive Secretariat of CONARE (Article 40). CONARE will interview the
person and ask him or her whether they want to apply for statelessness status.
44
Report of the Working Group on the Universal Periodic Review – Paraguay, A/HRC/32/9, 12 April 2016, available at:
https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/32/9
45
Ley N° 6.149 - Protección y Facilidades para la Naturalización de las Personas Apátridas, 19 September 2018, available
at: https://www.refworld.org.es/topic,57f5047260,57f50920b9,5bac0bc84,0,,LEGISLATION,.html
U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S
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