5. Recommendations
Accession to the Statelessness Conventions and adherence to relevant international human
rights standards
nn
It is recommended that Poland becomes party to the 1954 Convention relating to the Status
of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
nn
It is recommended that Poland fulfills its existing obligations under international human rights
law, including obligations not to discriminate against and not to arbitrarily detain stateless
persons.
Identification and protection of stateless persons
nn
It is recommended that the definition of a stateless person set out in Article 1(1) of the
1954 Convention is introduced into national legislation and consistently employed, both for
statistical purposes as well as for the determination of statelessness, including in the course of
existing procedures.
nn
It is recommended that a common approach towards gathering statistical data on
statelessness should be adopted, including through introducing a clear distinction between
those whose nationality status is not yet resolved (where the procedures are ongoing) and
those who were previously determined to be stateless or of unknown nationality.
Determination of statelessness and the rights attached to the status
nn
It is recommended that a dedicated, unified and effective statelessness determination
procedure be established recognizing statelessness as a protection ground, offering stateless
persons rights enshrined in the 1954 Convention, including the right to residence and
proper documentation (both national Identity Document for stateless persons and a travel
document).
nn
It is recommended that special attention is paid to vulnerable stateless persons who should
be identified at the earliest possibility. In this regard, relevant guidelines should be drafted in
cooperation with UNHCR and NGOs, and effectively implemented. It is recommended that
the responsibility of such identification is assigned to Border Guards at entry points, detention
facilities’ staff members, medical and psychological staff, refugee centers’ social workers and
officials of the Office for Foreigners. Vulnerable stateless persons should be provided with
adequate assistance and treatment.
nn
Stateless children should be provided with a speedy, simplified procedure of regularization of
their status and ultimately, naturalization.
UNHCR POLAND, SEPTEMBER 2019
47