In collaboration with
ICERD
INTERNATIONAL CONVENTION
ON THE ELIMINATION OF ALL FORMS
OF RACIAL DISCRIMINATION
Quick Reference Guide
STATELESSNESS AND HUMAN RIGHTS TREATIES
This reference guide highlights key international human
rights provisions found in the ICERD that are directly
relevant to preventing and reducing statelessness
and protecting stateless persons. It is addressed to all
stakeholders who may wish to use this international human
rights instrument to improve the enjoyment of human rights
by stateless persons and to resolve the problem, thereby
helping to meet the goals of the #IBelong Campaign to End
Statelessness.
A stateless person is someone “who is not considered
as a national by any State under the operation of its law,”
according to the 1954 Convention Relating to the Status
of Stateless Persons (1954 Convention). The ICERD
addresses statelessness primarily through its provision
prohibiting “distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic origin”
(Article 1). A number of General Recommendations
(GR) of the Committee on the Elimination of Racial
Discrimination (Committee) further inform the meaning of
these provisions when using them to address statelessness.
The Committee has regularly used its Concluding
Observations to call on States parties to the ICERD to
also become party to the 1954 Convention and the
1961 Convention on the Reduction of Statelessness.
Imrana, 22 years old, and her baby are both undocumented. They are part
of the minority Roma community in Skopje, former Yugoslav Republic
of Macedonia, and, like many others in the community, are unable to
establish their Macedonian nationality. © UNHCR/Roger Arnold
Prevention and Reduction
of Statelessness
Article 1(1):
“In this Convention, the term ‘racial discrimination’ shall mean
any distinction, exclusion, restriction or preference based on
race, colour, descent, or national or ethnic origin which has
the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural
or any other field of public life.”
Discrimination on the basis of race, colour, descent, or national or
ethnic origin is often the root cause of statelessness. Moreover,
stateless populations are particularly vulnerable to further
discrimination. It is necessary that States legislate both to
prevent such discrimination from happening, and to protect
vulnerable people when they are subject to discrimination.
• GR No. 27 on discrimination against Roma: The Committee
drafted a recommendation specifically relating to members
of Roma communities, many of whom are stateless and who
experience discrimination as a result. The Committee urges
States to “take all necessary measures in order to avoid any form of
discrimination against immigrants or asylum-seekers of Roma origin.”
(para. 5)