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INTRODUCTION
There are estimated to be over 600,000 stateless people living in Europe today. A relatively
small minority has arrived within mixed migration flows, and were either stateless prior
to departure from their country of origin or have since become stateless. Despite near
universal ratification of relevant international instruments such as the 1954 Statelessness
Convention (which provide a set of rights for stateless persons), the hitherto slow-paced
development and implementation of effective identification and protection mechanisms for
stateless migrants means that they are among the most vulnerable people in Europe. They
often face years of uncertainty, destitution and repeated, lengthy immigration detention.
Yet the solution is relatively simple, and can be achieved by the establishment of dedicated
determination procedures that are fair, efficient and easily accessible. This enables states
to identify and regularise stateless persons on their territory, thereby both fulfilling their
obligations under relevant international treaties and providing a sustainable policy solution
for individuals who cannot be removed. For example, the UK recently took this step but
remains one of only eight European countries which have these systems in place. ENS has
published a Good Practice Guide on Statelessness Determination and the Protection Status of
Stateless Persons (available at www.statelessness.eu) which is intended as a tool to assist
states considering the introduction of a procedure or the improvement of an existing one.
A stateless person is someone who has no nationality. They
are not Japanese, not Cuban, not Danish, not Ugandan
– they do not enjoy the legal bond of nationality with
any state. International law defines a stateless person as
someone “who is not considered as a national by any state
under the operation of its law” (Article 1 of the 1954
Statelessness Convention). Imagine what life would be like
if you did not have a passport and were not considered to
belong anywhere. Stateless people face numerous difficulties
in their daily lives: they face often insurmountable barriers
accessing health care, education, employment opportunities,
property rights and the ability to move freely in Europe. It
may be impossible for them to get married, open a bank
account or get a driving licence – many of the things that
most European citizens take for granted.