161 - 165
(c) Consideration of local ties
163.
Where an individual has developed close ties with a host State as a result
of long-term residence and family links, conferral of the status normally
granted upon recognition as a stateless person, that is a renewable
residence permit with a complement of rights, would be appropriate, even
where protection may be available in another State.106 In some cases, this
approach may be required to satisfy human rights obligations such as
refraining from unlawful or arbitrary interference with privacy, family or
home.107
164.
As noted in paragraph 142 above, certain stateless persons can be
considered to be in their “own country” in the sense envisaged by Article
12(4) of the ICCPR. Such persons include individuals who are long-term,
habitual residents of a State which is often their country of birth. Being
in their “own country” they have a right to enter and remain there with
significant implications for their status under national law. Their profound
connection with the State in question, often accompanied by an absence
of links with other countries, imposes a political and moral imperative
on the State to facilitate their full integration into society. The fact that
these people are stateless in their “own country” is often a reflection of
discriminatory treatment in the framing and application of nationality laws.
Some will have been denied nationality despite being born and resident
solely in that State; others may have been stripped of their nationality
because of membership of a section of the community that has fallen out
of political or social favour.108
165.
The appropriate status for such individuals in their “own country” is
nationality of the State in question. As set out in Part Two above, in these
cases the correct mechanism for determining an individual’s or a population
group’s status is one that is concerned with the restoration or conferral of
nationality.109 Recourse to a statelessness determination procedure will
not generally be appropriate. If, however, individuals are expected to seek
106
This is particularly so where the link with the other State is relatively tenuous. This is to be
distinguished, however, from ties that are so profound that the individual is considered to be
in his or her “own country”.
107
Please see paragraphs 140-143 above.
108
Of relevance in this regard are the prohibition on arbitrary deprivation of nationality found,
inter alia, in Article 15(2) of the Universal Declaration of Human Rights and the prohibition
against discrimination found in international human rights law, in particular the jus cogens
prohibition on racial discrimination. The nature of a jus cogens norm is discussed in
note 13 above.
109
Please see paragraphs 58-61.
PART THREE
C. INDIVIDUALS IN THEIR “OWN COUNTRY”
57