FOREWORD It is estimated that approximately 12 million people around the world are stateless. That figure includes 6.6 million in the 58 countries for which reliable statistics exist.2 Statelessness at the global level has been defined by two international instruments: the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The two treaties, while being ratified by only a limited number of States3 , are complemented by international and regional human rights treaties setting out obligations for a much greater number of State Parties.4 These treaties, together with the 1954 and 1961 Conventions, form part of an international legal regime establishing minimum standards of treatment of stateless persons. As part of their sovereign power, under general international law, States set rules for acquisition, loss and change of nationality. However, sovereign States, in the matters of nationality, are still bound by international treaties and norms of international customary law. The United Nations High Commissioner for Refugees’ (UNHCR) global protection mandate includes a responsibility for stateless persons. The UNHCR Statute5 and 1951 Convention relating to the Status of Refugees6 both refer to stateless persons who also meet the criteria of the refugee definition. With the development of the 1954 and 1961 Statelessness Conventions, UNHCR’s mandate with regard to issues of statelessness has been extended through Conclusions of the Executive Committee of the High Commissioner’s Programme (Ex-Com) 7 and Resolutions of the UN General Assembly.8 The most recent reaffirmation and evolution of UNHCR’s mandate with regard to statelessness is expressed in the UNGA Resolution from 2006 endorsing UNHCR Executive Committee Conclusion No. 106 (LVII) from 2006 on Identification, Prevention See UNHCR web site; www.unhcr.org/pages/49c3646c26.html As of 15 February 2010, there were 65 State Parties to the 1954 Convention and 37 State Parties to the 1961 Convention. 4 Such as the Universal Declaration of Human Rights (‘UDHR’); International Covenant on Civil and Political Rights (‘ICCPR’); International Convention on elimination of all forms of Racial Discrimination (‘CERD’); Convention on Elimination of Discrimination against Women (‘CEDAW’); Convention on the Rights of the Child (‘CRC’); International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families (‘CMW’); Convention on the Rights of Persons with Disabilities (‘CRPD’); African Charter on the Rights and Welfare of the Child (‘ACRWC’); American Convention on Human Rights; and European Convention on Nationality. 5 See UNHCR Statute; Chapter II, Section 6 A (ii). 6 See 1951 Convention Relating to the Status of Refugees; Article 1 A (2). 7 See UNHCR web site at www.unhcr.org. 8 See UNGA resolution 3274(XXXIV); UNGA resolution A/RES49/169 of 23 December 1994 and A/ RES/50/152 of 21 December 1995 endorsing the Executive Committee Conclusion no. 78 (XLVI)-1995. 2 3 vi OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA