Advocate for changes in law, policy and practice
28
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Identify specific gaps in law, policy and practice that lead to arbitrary, repeat
and/or prolonged detention of stateless persons. Advocate for changes in the
relevant laws, policies and practices in relation to the identified gaps (grounds
for detention, maximum period of detention, independent and regular reviews).
ņņ
Identify any government officers or lawmakers who are in a position to
pursue changes in policy and law. Advocate for legal amendments to ensure
alternatives are available in law and actively promote their use in practice.
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Identify partner organisations, lawyers, and other stakeholders who can support
advocacy initiatives to release stateless persons from detention and support
the establishment of appropriate reception options and community-based
alternatives to detention.
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Consider strategic litigation at the national and, if applicable, the regional level,
to challenge the arbitrary detention of stateless persons and address difficulties
concerning regularisation and obtaining documentation. Where appropriate,
consider requesting compensation for periods of unlawful detention.
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Advocate for the establishment of dedicated statelessness determination
procedures to identify stateless persons in the migratory context39 or for
statelessness determination to be conducted by UNHCR on behalf of the
Government.
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Advocate for clear categories in registration practices by authorities in charge of
immigration and civil status documentation that allow for stateless persons to be
recorded as such.
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Conduct sensitisation activities, such as briefings and translation of relevant
materials, capacity building and training activities, for immigration and asylum
authorities as well as lawyers and the judiciary on international standards related
to statelessness and detention.
39
Statelessness determination procedures generally assist States in meeting their commitments
under the 1954 Convention, in particular for stateless persons in the migration context.
Statelessness can arise both in a migratory and non-migratory context and the profile of
statelessness in a particular country may fit one or the other scenario or might be mixed. Some
stateless populations in a non-migratory context remain in their “own country” and may be referred
to as in situ populations. For these groups, determination procedures for the purpose of obtaining
status as stateless persons are not appropriate because of their long-established ties to these
countries. The determination of their statelessness is however a relevant factor in the context of
their detention and merits specific consideration in the assessment of the detention decision.
STATELESS PERSONS IN DETENTION