Statelessness, while not widely recognized, is often mistakenly viewed as an issue affecting only undocumented individuals who flee to another country. However, various circumstances can lead to statelessness. What measures do governments take to prevent such situations and safeguard affected populations?
Understanding "stateless"
Article 1 of the 1954 Convention relating to the Status of Stateless Persons defines "stateless" as a person no state regards as a national under its laws. Therefore, a stateless person is one no state is willing to acknowledge as a citizen. Contrarily, the Universal Declaration of Human Rights from 1948 affirms: "Everyone has the right to a nationality." Thus, statelessness not only breaches this fundamental right but also leads to other rights violations.
Statelessness can arise from various causes. For instance, it may stem from failures in a person's country of origin, such as absent civil status records, non-recognition at birth, lost registers, or poorly archived documents. It can also result from conflicts between different laws on nationality or from losing nationality altogether.
The impacts of statelessness are stark. A stateless individual lacks recognition by any state, barring them from essential functions and rights: attending school or university, working, accessing healthcare, getting married, opening bank accounts, obtaining loans, renting or buying property, traveling, and acquiring study or work permits. Essentially, the person legally does not exist, not only in their country of origin but globally. This lack of legal identity renders them invisible in society's eyes, often extending this dire situation to their children.
Is a stateless person a refugee?
The terms "stateless" and "refugee" describe distinct situations. A stateless person lacks nationality entirely. In contrast, a refugee possesses a nationality but must flee their country due to threats such as persecution related to their ethnicity, political activities, activism, religion, or nationality. Being stateless does not inherently mean one is also a refugee.
Does the voluntary loss of nationality lead to statelessness?
To prevent statelessness, states typically ensure that voluntary relinquishment of nationality does not leave an individual stateless. If there is a risk of statelessness, such requests are usually denied. A key condition for renouncing nationality is possessing another nationality beforehand. For instance, an individual might seek to renounce their original nationality if their current country of residence does not permit dual citizenship.
Does denationalization lead to statelessness?
In the context of increasing concerns about terrorism, denationalization has come under significant scrutiny. Several nations, including Canada, the United States, and various European countries like the United Kingdom, France, Germany, and Belgium, have strengthened their laws to revoke the nationality of individuals deemed threats to national security. Initially, this measure targeted mostly naturalized citizens but was later expanded to include dual nationals. However, unlike voluntary loss of nationality, denationalization does not result in statelessness. An individual must possess another nationality before they can be denationalized.
Statelessness: How does one get there?
The United Nations Refugee Agency (UNHCR) estimates that thousands of people are affected by deprivation of nationality, which obstructs any possibility of social integration. Stateless individuals, stripped of fundamental rights, cannot envision a decent life.
Geopolitical conflicts often contribute to statelessness through various mechanisms, such as the emergence of new states not internationally recognized, shifting borders, wars, and forced population displacements. Nationals of a particular territory may suddenly find themselves without a nationality. Even attempts at diplomatic resolutions can fail, particularly when discriminatory laws render individuals stateless. For instance, reforms by a state might render an entire population stateless, such as when nationality is revoked based on ethnic membership or other newly penalized factors by law.
Discriminatory laws, particularly those targeting women and ethnic minorities, further exacerbate this issue. UNHCR highlights that 27 states still prevent women from passing their nationality to their children, while other countries restrict nationality transmission to specific ethnic groups.
The case of children
The plight of children born in foreign countries is particularly acute. If the country of origin fails to recognize them—denying parents the right to pass on their nationality through descent—and the host country does not grant nationality based on birth within its borders, these children face a high risk of statelessness. Moreover, children whose births are unregistered, whose parents are stateless, or who cannot regularize their status in the host country are similarly vulnerable. Children who are abandoned, internationally adopted, born out of wedlock, or born to same-sex couples face even greater risks of statelessness.
How can expats avoid being stateless?
To prevent statelessness, the United Nations Refugee Agency (UNHCR) and advocacy groups focus on the responsibility of states, as they are the sole authorities capable of conferring nationality. States independently establish the criteria under which they grant nationality, highlighting their crucial role in preventing statelessness.
The Convention relating to the Status of Stateless Persons, through Articles 12 to 32, outlines various civil, social, economic, and cultural rights that states are obliged to provide to stateless individuals. These include the right to possess an identity document, freedom of movement, access to justice, employment opportunities, education, healthcare, and administrative assistance. While stateless persons are expected to adhere to the laws of their host countries, these countries must also take proactive steps to eradicate statelessness by adhering to the Convention's principles.
UNHCR suggests several effective measures that states can adopt to combat statelessness: granting nationality to children born stateless, providing nationality to children at risk of statelessness, abolishing discriminatory laws that contribute to statelessness, implementing thorough birth registration systems, and ensuring legal recognition of parent-child relationships. However, only a handful of countries, such as France, Spain, Mexico, and Italy, have established statelessness determination procedures (SDPs) to enhance protection for vulnerable groups. Expanding the availability of SDPs would significantly strengthen efforts to combat statelessness globally.
