analysis are derived from 2011 and 2012. Nonetheless, UNHCR RRNE has striven to include more recent
statistical data wherever possible, in view of the timeframes and existing limitations. The qualitative aspect
is based on a review of asylum cases that involved stateless persons and persons considered as of “unknown”
nationality by the Swedish authorities. In Section 3, the mapping examines the legal and procedural
framework for identifying stateless persons and determining their status, and their enjoyment of rights,
vis-à-vis the standards set out in the 1954 Convention. The mapping thereafter, in Section 4, examines
the measures in place to prevent statelessness from occurring in Sweden, and for reducing the stateless
population, based on the standards set out in the 1961 Convention on the Reduction of Statelessness4
(“the 1961 Convention”). Finally, Section 5 contains a summary of the main findings from the mapping of
statelessness in Sweden, and UNHCR’s overall recommendations on measures needed to bring the national
legal framework, practice and administrative capacity in line with the standards set out in the 1954 and
1961 Conventions. The summary and recommendations in Section 5 are complemented by slightly more
detailed conclusions and recommendations in Sections 2.4, 3.5 and 4.4 which, together with Section 5, can
serve as an Executive Summary of the mapping.
The mapping highlights both positive efforts to prevent and reduce statelessness in Sweden and to
protect stateless persons, as well as current gaps and challenges in these areas, and makes concrete
recommendations designed to help bring Swedish law and practice further in line with the norms and
standards reflected in the two UN Statelessness Conventions. UNHCR thus hopes that this mapping can
assist the relevant national actors in their efforts to address statelessness, and remains ready to support
these efforts.
1.1 Statelessness across the globe
Statelessness is a global phenomenon. UNHCR estimates that there are at least 10 million stateless persons
worldwide. The following sections look at the definition of a “stateless person”, the causes of statelessness,
and the common consequences of being stateless.
1.1.1 Defining a “stateless person”
The definition of a “stateless person” is set forth in Article 1(1) of the 1954 Convention, which provides
that a “stateless person” is “a person who is not considered as a national by any State under the operation
of its law”. The International Law Commission has concluded that the Article 1(1) definition of a “stateless
person” is part of customary international law.5 The present report focuses on persons coming under this
definition.6
8
4
UN General Assembly, Convention on the Reduction of Statelessness, 30 August 1961, United Nations, Treaty Series, vol. 989, p. 175,
available at: http://www.refworld.org/docid/3ae6b39620.html.
5
See the International Law Commission, Draft Articles on Diplomatic Protection with Commentaries, 2006, p. 49 (stating
that the Article 1 definition can “no doubt be considered as having acquired a customary nature”), available at:
http://www.refworld.org/docid/525e7929d.html.
6
The UNHCR Handbook on Protection of Stateless Persons explains that “persons who fall within the scope of Article 1(1) of the 1954
Convention are sometimes referred to as ‘de jure’ stateless persons,” UNHCR, Handbook on Protection of Stateless Persons, 30 June
2014, para. 7, (“Handbook”), available at: http: //www.refworld.org/docid/53b676aa4.html. Individuals who have a nationality
but are outside the country of their nationality and are denied diplomatic and consular protection accorded to other nationals by
their state of nationality have been referred to as “de facto” stateless. See UNHCR, Expert Meeting – The Concept of Stateless Persons
under International Law (“Prato Conclusions”), May 2010, pp. 5-8, available at: http://www.refworld.org/docid/4ca1ae002.html. The
term “de jure” is not found in any international treaty and is not used in this report, yet it must be emphasized that the present
report does not include “de facto” stateless persons.
M A P P I N G S TAT E L E S S N E S S I N S W E D E N