Many of the stateless persons in the last category are refugees recognized by governments
and/or UNHCR on a prima facie basis. This is the case, for instance, of stateless Rohingya
people in Bangladesh,87 stateless refugees from Bhutan in Nepal,88 or Black Mauritanian in
Senegal.89 According to prima facie determination, individual members of the group are
presumed refugees, and as such can benefit from the international protection and assistance
provided to them by UNHCR.90
There can be some overlap between stateless persons and refugees but the two
classifications are and should remain distinct.91 Indeed, some refugees may also be stateless
and some stateless persons may be refugees, but for the great majority of them, this is no
longer the case. Indeed, most refugees today are not stateless, and most stateless persons are
not refugees.92 UNHCR’s mandates on statelessness and refugees overlap because stateless
refugees are protected under the provisions of the 1951 Refugee Convention. 93 Where a
stateless person is simultaneously a refugee, UNHCR recommends that each claim should
be assessed and both statuses should be explicitly recognized;94 although in practice refugee
status is likely to ‘trump’ the status of stateless person as it is more comprehensive.95 Some
academics are wary about labeling stateless refugees as stateless (as opposed simply to
refugees) because ‘citizenship [as a concept or ‘container’] … is seldom completely empty
Médecins Sans Frontières, ‘Bangladesh: Violent Crackdown Fuels Humanitarian Crisis for Unrecognized
Rohingya
Refugees’,
18
February
2010
–
available
at
www.doctorswithoutborders.org/publications/article.cfm?id=4270 [last accessed 11.9.2013]
88 UNHCR/WFP Joint Assessment Mission Report, ‘Assistance to the Refugees from Bhutan in Nepal’, March
2013 – this report is available at http://www.wfp.org/content/nepal-unhcr-wfp-jam-assistance-refugees-bhutannepal-march-2013 [last accessed 11.9.2013]
89 IRIN humanitarian news and analysis, ‘Mauritania-Senegal: New hope for long-suffering Mauritanian
refugees’ – available at http://www.irinnews.org/report/73371/mauritania-senegal-new-hope-for-long-sufferingmauritanian-refugees [last accessed 11.9.2013]
90 Bonaventure Rutinwa, ‘Prima facie status and refugee protection’, UNHCR New Issues in Refugee Protection
Working Paper no.69, October 2002; Matthew Albert, ‘Prima facie determination of refugee status – An overview
and its legal foundation’, Refugee Studies Centre Working Paper Series No.55, January 2010.
91 Interparliamentary Union and UNHCR, Nationality and Statelessness: A Handbook for Parliamentarians No 22,
2014, p.11.
92 On the challenges of identifying and counting stateless persons, including mapping exercises, see Office of the
UNHCR, The State of the World’s Refugees 2012 – In search of solidarity, OUP 2012, pp.108-9, and Interparliamentary
Union and UNHCR, Nationality and Statelessness: A Handbook for Parliamentarians No 22, 2014, p.5.
93 UNGA Resolution 3274 (XXIX), 10 December 1974. See also UNHCR ExCom Conclusion No.78 (XVVI) 1995
and UNGA Resolution 50/152, 9 February 1996, and more generally Interparliamentary Union and UNHCR,
Nationality and Statelessness: A Handbook for Parliamentarians No 22, 2014, pp.4445, and UNHCR Handbook on
Protection of Stateless Persons, paras.4, 125-128. In addition, UNHCR Statute includes stateless persons in its
definition of refugees, provided statelessness occurred for a reason ‘other than personal convenience’. UN
General Assembly, Statute of the Office of the United Nations High Commissioner for Refugees, 14 December
1950, A/RES/428(V), Article 6A(ii) - available at: http://www.refworld.org/docid/3ae6b3628.html [accessed 21
June 2013].
94 UNHCR Handbook on Protection of Stateless Persons, para.78, and Interparliamentary Union and UNHCR,
Nationality and Statelessness: A Handbook for Parliamentarians No 22, 2014, p.27.
95 This also means that if a stateless refugee were to cease to be a refugee, he or she may retain his or her status as
a stateless person. The same is true in cases of complementary form of protection or subsidiary protection.
87
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