registry system. As Croatia, the former Yugoslav Republic of Macedonia and
Montenegro have recognized Kosovo; the doors are open for bilateral discussions
regarding issues of mutual concern, such as the citizenship and civil registration of
displaced populations from Kosovo in these countries.
Part II: Implementation of International Law in National Legal Frameworks within
the Region
2.1 The Legal Framework for the Protection of Stateless Persons
2.1.1 International Framework protecting Stateless Persons
Stateless persons are granted specific protection by the 1954 Convention relating to the
Status of Stateless Persons (“1954 Convention”). The former SFRY acceded to the 1954
Convention on 9 April 1959; following the dissolution of the former Yugoslavia, all the
successor States have in turn succeeded to the Convention, without reservation. The
countries of the former SFRY have to a certain extent honored their commitment to the
1954 Convention in their national legal frameworks for example by incorporating a
definition of a stateless person, including provisions for the issuance of travel documents
for or by granting residence to stateless persons.
The 1954 Convention is based on a core principle: no stateless person should be treated
worse than any foreigner who possesses a nationality and it aims to ensure the widest
possible enjoyment of their human rights. It provides a definition of a stateless person as
“a person who is not considered as a national by any State under the operation of its law,”
and sets out a common minimum standard of treatment and protection for stateless
persons within a State.18
While proper identification is critical in ensuring that the protection offered by the 1954
Convention is accessible to those who need it, the Convention does not prescribe a
particular procedure for the determination of whether someone is a stateless person at the
national level. However, States should have a mechanism for fair and efficient
determination of statelessness in line with international standards19, including procedural
safeguards and the possibility for appeal or review.
18
With regard to certain rights, the 1954 Convention stipulates that stateless persons must be treated like
nationals of the State. The Convention also pursues a nuanced approach depending on the level of
attachment of a stateless person to the State. Some guarantees apply to all stateless people while others are
reserved to stateless persons lawfully present or lawfully staying in the territory.
19
For details, see UN High Commissioner for Refugees, Expert Meeting - Statelessness Determination
Procedures and the Status of Stateless Persons (Summary Conclusions), December 2010, available at:
http://www.unhcr.org/refworld/docid/4d9022762.html [accessed 23 August 2011] and UN High
Commissioner for Refugees, Guidelines on Statelessness No. 2: Procedures for Determining whether an
Individual is a Stateless Person, 5 April 2012, HCR/GS/12/02, available at:
http://www.unhcr.org/refworld/docid/4f7dafb52.html.
10