protection gap with respect to the acquisition of an effective nationality.96 Nevertheless, just
as with the 1954 Convention, subsequent events have proven Belgium’s concerns unfounded:
whereas as of March 2010 there were only 37 States Parties to the 1961 Convention, there
were 147 States Parties to the 1951 Refugee Convention and/or its 1967 Protocol. Only two
States were party to the 1961 Convention without also being party to the 1951 Convention or
1967 Protocol.97
Lastly, it should be noted that in 1974, in readiness for the entry into force of the 1961
Convention in 1975, the UN General Assembly provisionally designated UNHCR as the
body to which, in accordance with Article 11 of the Convention, “a person claiming the
benefit of the Convention may apply for the examination of his claim and for assistance in
presenting it to the appropriate authority.” 98 In 1976, the General Assembly confirmed that
decision in the light of experience of one year’s implementation of the 1961 Convention and
requested UNHCR “to continue to perform these functions.”99 Given the Resolution in the
Conference’s Final Act, UNHCR arguably therefore has the mandate to assist de facto
stateless persons as well as de jure stateless persons in presenting their claims to the
appropriate authority – although this does not mean of course that the authority concerned
would therefore be bound to apply the Convention to persons who are, or would otherwise
be, de facto stateless.
4.
CONCLUSIONS OF PART I
According to the “traditional” view of de facto statelessness described above, de facto
stateless persons are by definition outside the State of their nationality and lacking in that
State’s protection. The protection in question is diplomatic and consular protection and
assistance, i.e. “external protection” vis-à-vis the host State, not “internal protection” within
the territory of the State of nationality.100 In other words, de facto stateless persons have a
nationality in name, but their nationality is ineffective because they are unprotected by the
State of their nationality.101
96
97
98
99
100
101
Although Article 34 stops short of providing a right to naturalization, it is legally binding, is of benefit to all
refugees instead of only to the children of refugees, and does not necessarily require a link by birth or
descent to the country of refuge for purposes of acquisition of nationality.
Kiribati and Libyan Arab Jamahiriya (UN Treaty Collection: http:/treaties.un.org).
UN General Assembly resolution 3274 (XXIX) of 1974 on “Question of the establishment, in accordance
with the Convention on the Reduction of Statelessness, of a body to which persons claiming the benefit of
the Convention may apply”.
UN General Assembly resolution 31/36 of 1976 on “Question of the establishment, in accordance with the
Convention on the Reduction of Statelessness, of a body to which persons claiming the benefit of the
Convention may apply”.
For a fuller discussion of the distinction between “external protection” and “internal protection”, see
Antonio Fortin, “The Meaning of ‘Protection’ in the Refugee Definition”, International Journal of Refugee
Law, Vol. 12, No. 4, 2000, pp. 548 – 576.
See also, for example, UNHCR, UNHCR, “Training Package: Statelessness and Related Nationality
Issues”, op. cit., p. 9: “De facto statelessness refers to those who have a nationality in name but who do not
have national protection”; UNHCR, “Guidelines: Field Office Activities Concerning Statelessness”, op. cit.,
p. 4, para. 9: “people who are stateless de facto (who have a nationality in name which is not effective)”.
26