14 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context (...) 3.2 Protection under the Statelessness Conventions 4. Research strategy 5. Appendices 3.3 Statelessness Determination Procedure (SDP) International protection for stateless persons is A statelessness determination procedure serves to provided primarily through two key international legal identify stateless persons amongst migrant populations on the territory to ensure that they enjoy the rights to instruments: which they are entitled until they acquire a nationality. States party to the 1954 Convention need to be able 1954 Convention relating to the to identify stateless persons within their jurisdiction Status of Stateless Persons: in order to provide them with appropriate treatment This convention establishes the definition of a stateless in compliance with the Convention. Establishing a person as someone who is "not considered as a national procedure or mechanism to identify stateless persons by any State under the operation of its law." The is thus an implicit obligation of the 1954 Convention. convention sets minimum standards for the treatment of stateless persons by contracting states, including The 1954 Convention establishes the international legal definition of a “stateless person” but is silent on how States their rights to employment, housing, education, public are to determine whether an individual is stateless. The assistance, and access to courts. It also obliges states to most effective way for States Parties to the 1954 Convention issue identity papers and travel documents to stateless to determine who the Convention's beneficiaries are is to persons, facilitating their legal recognition and access establish an SDP. 27 25 to rights. A key part of figuring out who is stateless is being able to 1961 Convention on the find information about the person's country of origin. Reduction of Statelessness: This includes Country of Origin Information (COI) about nationality laws and how they are applied, as well as the This convention aims to prevent and reduce situation of certain stateless populations in other countries. statelessness by establishing rules for the acquisition and loss of nationality. The convention requires states It is necessary to research the relevant laws and to grant nationality to individuals who would otherwise administrative procedures of all the nations with which be stateless in specific situations, such as when they are that person or group of people has "relevant links," born on a state's territory or to its nationals abroad. particularly those formed through birth, descent, It also imposes restrictions on the deprivation of marriage, adoption, or habitual residence. nationality if such action would result in statelessness.26 Researching the relevant legislation, it is therefore necessary to undertake a review of the relevant legislation and administrative policies of all countries with which that person or group of people have “relevant links”. Constitutions, nationality laws, regulations, bylaws, and decrees are just a few examples of the types of legislation that can be used to establish the criteria that determine whether or not a person or group of people is recognised as a citizen. 25. UN General Assembly, Convention Relating to the Status of Stateless Persons, 28 September 1954 26. UN General Assembly, Convention on the Reduction of Statelessness, 30 August 1961 27. UNHCR, Handbook on Protection of Stateless Persons, see paragraph 8, 30 June 2014 © Asylos, 2023 Back to contents