Statelessness Determination Procedures The absence of a dedicated SDP entails a serious risk that stateless persons are not properly identified as such. Without proper identification of stateless persons, it is unclear whether they are accorded appropriate treatment in line with states’ obligations pursuant to international treaties. 22 Furthermore, a determination procedure should ultimately lead to a durable solution for the stateless person, preferably the grant of nationality. States are obliged to ensure facilitated and expedited naturalisation processes for stateless persons. 23 Recognition as a stateless person is not a substitute for acquisition of nationality. Notably in the case of stateless persons in situ, 24 where there is a realistic prospect of acquisition of citizenship in the near future, it may be inappropriate to conduct a determination of whether they are stateless, in particular where this could delay a durable solution, ie the grant of nationality. 25 Depending on the circumstances of the persons under consideration, UNHCR may recommend that states undertake targeted nationality campaigns or nationality verification efforts rather than SDP. 26 In addition to an SDP, for states where the vast majority of persons do not have any form of national identification to prove their nationality, a nationality verification procedure could be added as an additional layer when an SDP is established. Although the 1954 Convention remains silent about how to determine who is actually stateless, 27 a few states have enacted laws establishing formal procedures to this end, including by integrating determination of statelessness into existing administrative procedures. However, many more states are confronted with situations of statelessness and are increasingly required to make determinations on nationality or statelessness regarding persons on their territory. 28 Determination procedures should be simple and efficient, building to the extent possible on existing administrative procedures that establish relevant facts. Some state practice has, for instance, integrated determination of statelessness in 22 23 24 25 26 27 28 Gerard-René De Groot, Katja Swider, and Olivier Vonk, Practice and Approach in EU Member States to Prevent and End Statelessness (Report, European Parliament 2015) 53. See 1954 Convention (n 13) art 32. In situ statelessness refers to[a person who, or population that, has lived in a particular country for many generations without acquiring the nationality of that country. It could also include person or population who have been arbitrarily deprived of their previous nationality, or persons who have lived most of their lives in a country, without having any tie to any other state, even if their ancestors have not lived in the country for generations. The population basically see the country as their own country, but the authorities do not recognise their claim to such nationality, eg, the situation of many foreigners (mainly of Burkina Faso, Mali and Guinea origin) in Ivory Coast who during colonial times and in the 1960s arrived Ivory Coast to work in Cocoa farms and did not acquire Ivorian nationality when the country gained independence. See also, ‘The Lost Children of Côte d’Ivoire’, UNHCR (Web Page) <https://www.unhcr.org/ibelong/the-lost-children-of-cote-divoire/>. Another example is the Rohingya population in Myanmar, who for generations have been unable to acquire nationality due to systematic discrimination of Government authorities. UNHCR, Expert Meeting: Statelessness Determination Procedures and the Status of Stateless Persons — Summary Conclusions (Geneva, Switzerland, 6–7 December 2010) 2–3 [2] (‘Geneva Conclusions’). Handbook on Protection of Stateless Persons (n 11) 26 [58]. 1954 Convention (n 13) art 32. See also Gábor Gyulai, Statelessness Determination and the Protection Status of Stateless Persons: A Summary Guide of Good Practices and Factors to Consider When Designing National Determination and Protection Mechanisms (Guidelines, European Network of Statelessness 2013) 5 (‘Statelessness Determination and the Protection Status of Stateless Persons’). Statelessness Determination Procedures (n 19) 1. 90