instruments such as the 1961 Convention on the Reduction of Statelessness may, if seen
in isolation, exhibit a number of gaps.
Presentation of the background papers
The objectives and methodologies underlying the two background papers prepared by
consultants for the meeting were discussed. The OHCHR paper presents a legal analysis
for six selected countries with a supporting database of relevant legal instruments, while
the UNHCR study comprises a desk review of the situation of stateless persons in all 18
countries of the region. The primary objective of both papers was to consolidate existing
information on the incidence, status and treatment of stateless populations and to identify
areas in which information is currently lacking. The consultants outlined some of the
difficulties that they faced in gathering information, in particular due to the limitations
involved in gaining access, language, long-distance, to sources from multiple countries.
They also raised some concerns about the accuracy and reliability of information related
to the use of secondary sources, contradicting reports, misrepresentation of facts and
difficulties with verification of information. They also raised as an issue of concern, the
lack of information on legal safeguards and policy decisions, statistics, protection issues
and best practices..
Participants were unanimous as to the need for further study of statelessness in the region
and they shared the consultants’ assessment that finding accurate and reliable information
is a significant challenge. Participants agreed that effective research engages all available
processes and actors and that information could first be compiled on a country-bycountry basis before being further consolidated into one regional, or several thematic,
analytical studies. There was also broad agreement that the focus should not be limited to
a consideration of national legal texts, but should include governmental decrees,
administrative practices and judicial rulings as well as information on implementation on
the ground. Further research also has to include the identification of remedies and
strategies, which could help inform a roadmap to move ahead.
2. Identification of statelessness
Categories of stateless persons
A broad categorisation of situations of statelessness was introduced on the basis of the
underlying causes of statelessness. Among the main groups that can be discerned in this
manner are those populations whose statelessness has resulted from: state succession and
registration practices at the time of independence or transfer of sovereignty; arbitrary
deprivation of nationality; technical gaps and discriminatory provisions in legislation (in
particular on grounds of gender) administrative obstacles such as onerous documentation
requirements for birth registration and proof of nationality; and difficulties experienced
by migrant workers, refugees and persons who have been trafficked in retaining or
proving their nationality and in ensuring that their children acquire a nationality. The
MENA region has examples of stateless persons from each of these basic categories,
which can be further subdivided into a number of more specific causes of statelessness.
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