A quick look through the statistical profile of the detained, de jure or de facto stateless
persons demonstrates that the majority of them are from former USSR republics: Ukraine,
Kazakhstan, Uzbekistan, Georgia (Table 1). The great majority of them (92 per cent) were
born before 1991, i.e. at the time of their birth they were Soviet citizens with USSR
passports. Like Mr Mskhiladze, a proportion of them were already in Russia at the time of the
dissolution of the USSR, but for one reason or another, they did not manage to secure
Russian citizenship.
Exploring the relationship between de jure and de facto statelessness
Conceptually, de jure statelessness refers to ‘a person not considered as a national by any
State under the operation of its law’ (according to the 1954 UN Convention relating to the
Status of Stateless Persons). De facto statelessness has not been legally defined; the closest
formal definition comes from UNHCR’s policy paper denoting ‘persons outside the country
of their nationality who are unable or, for valid reasons, are unwilling to avail themselves of
the protection of that country’ (Massey 2010: 61). In the literature, de facto statelessness has
been used to refer to a situation where the nationality status is simply not known (White
2009), to refer to a state of ineffective nationality (Kingston 2014, Parsons & Lawreniuk
2018), to denote the condition shared by some undocumented migrants (Blitz & OteroIglesias, 2011), or some refugees (Gruberg 2011).
What is the relationship between de jure and de facto statelessness from a rightsbased perspective? While de jure statelessness arguably denotes the most extreme position in
the constellation of the different legal statuses, rights and belongings that the literature came
to recently call ‘the assemblage of noncitizenship’ (Landolt & Goldring, 2015), the number
of the international human rights protections afforded to de jure stateless is arguably higher
than to those in de facto statelessness. It is a status well protected in international law (two
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