Existing Statelessness determination procedure
Overview of existing statelessness
determination procedure
Only about twenty States worldwide have established dedicated SDPs. France has the
oldest mechanism, one that has recognized and protected stateless persons since the
1950s. Italy, Hungary, Latvia and Spain followed suit some decades later. Some States
have established SDPs through legislative or sub-legislative acts, while others do not
provide a specific legal basis for the procedure.
There is a growing interest among States in establishing SDPs. At UNHCR’s December
2011 Ministerial Meeting to commemorate the 60th and 50th anniversaries of the
1951 Convention relating to the Status of Refugees and the 1961 Convention on the
Reduction of Statelessness, respectively, ten States pledged to establish SDPs. These
were Australia, Belgium, Brazil, Costa Rica, Georgia, Moldova, Peru, the Philippines,
Uruguay, and the United States of America. Hungary pledged to improve its existing
procedure.5
Moldova became the first State to fulfill its pledge, adopting an SDP at the end of 2011.
The SDP is established through legislation and as one of the most detailed, serves as
an example for other States to follow. In 2012, Georgia and the Philippines fulfilled their
pledges to establish SDPs; they were followed by Costa Rica in 2016, Brazil in 2017 and
Uruguay in 2018. Nine countries that did not pledge to introduce SDPs but have since
done so are: the United Kingdom in 2013, Kosovo (S/RES/1244 (1999)) in 2015, Turkey in
2016, Bulgaria and Ecuador in 2017, Montenegro and Paraguay in 2018, and Panama
and Argentina in 2019.
In the context of the High-Level Segment on Statelessness that took place in October
2019 a further 21 States pledged to establish SDPs by the end of the #IBelong
Campaign in 2024.6 Ukraine, while not having submitted a pledge at the High-Level
Segment, established an SDP in June 2020.
5
A summary of pledges is presented in UNHCR, Pledges 2011: Ministerial Intergovernmental Event on Refugees and
Stateless Persons (Geneva, Palais des Nations, 7-8 December 2011), available at: http://www.unhcr.org/commemorations/
Pledges2011-preview-compilation-analysis.pdf.
6
The full list of pledges made at the 2019 High-Level Segment on Statelessness is available at: https://www.unhcr.org/
ibelong/results-of-the-high-level-segment-on-statelessness/
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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