28. Following UNHCR’s existing mandate with respect to the protection of refugees, granting
the organization responsibility for stateless persons seemed logical. However, the
problem of statelessness has been overshadowed by the refugee problem throughout
most of UNHCR’s history. Moreover, there was a general sense, both inside and outside
UNHCR, that because of the relative stability of States during the Cold War, the issue of
statelessness was a minor issue and that only a relatively small number of individuals
were affected by it. Since then, the situation has changed notably with dissolution of a
number of federal States and with new States being formed in the aftermath of the Cold
War. In light of these developments, UNHCR increasingly realized that more needed to be
done to highlight and address the plight of stateless persons.
29. In 1995 UNHCR was requested by the UN General Assembly to actively promote
accession to the two Statelessness Conventions and to serve in a technical and advisory
role to States interested in implementing the Conventions’ provisions in their nationality
laws.36 UNHCR has provided support to this end ever since. In 2006, the Member States
of the Executive Committee of the High Commissioner’s Programme (ExCom) adopted
a Conclusion that urged UNHCR “to strengthen its efforts in this domain by pursuing
targeted activities to support the identification, prevention and reduction of statelessness
and to further the protection of stateless persons”.37 These four areas therefore govern
UNHCR’s statelessness-related efforts. It was also confirmed that, in addition to the
promotion of accession, UNHCR should take on the duty of providing training, technical
expertise and operational support to States which were grappling with issues related to
statelessness. UNHCR does not challenge States’ prerogative to govern the acquisition
or loss of nationality but provides advice to States to ensure that rules on conferral
and withdrawal of nationality do not lead to statelessness. Moreover, the organization
can for instance, assist stateless individuals through the dissemination of information
on citizenship, the provision of documentation and legal advice, and the promotion
of birth registration. Detailed guidance on how to determine whether or not a person
is stateless is in development. ExCom has further encouraged UNHCR to “promote
increased understanding of the nature and scope of the problem of statelessness, to
identify stateless populations and to understand reasons which lead to statelessness, all
of which would serve as a basis for crafting strategies to addressing the problem”.38 The
present study was instigated as part of this renewed resolve.
36
UN General Assembly resolution 50/152, 9 February 1996.
37
NHCR, “Conclusion on Identification, Prevention and Reduction of Statelessness and Protection
U
of Stateless Persons, 6 October 2006, No. 106 (LVII) - 2006”, available at http://www.unhcr.org/
refworld/docid/453497302.html [accessed 23 September 2011].
38
Ibid.
in the Netherlands
13