Please remember that these guidelines and questions are only basic starting

points and are not comprehensive. It is imperative for you to explore the
current situation, proposed solutions, problems and positions on your own.

STATELESSNESS
'Stateless person' means a person who is not considered as a national by any
State under the operation of its law".
The compensations awarded to stateless persons shall not be applicable to an
individual under the following circumstances:
i) To persons who are at present receiving from organs or agencies of the United
Nations other than the United Nations High Commissioner for Refugees
protection or assistance so long as they are receiving such protection or
assistance;
(ii) To persons who are recognized by the competent authorities of the country
in which they have taken residence as having the rights and obligations which
are attached to the possession of the nationality of that country;
(iii) To persons with respect to whom there are serious reasons for considering
that:
(a) They have committed a crime against peace, a war crime, or a crime against
humanity, as defined in the international instruments drawn up to make
provisions in respect of such crimes;
(b) They have committed a serious non-political crime outside the country of
their residence prior to their admission to that country;
(c) They have been guilty of acts contrary to the purposes and principles of the
United Nations.
Among well-known stateless groups that have in the past, owed their plight to
these processes are the Heimatlosen following the dissolution of AustriaHungary, the Bihari upon the independence of Bangladesh (from Pakistan) and
the Russian speakers who missed out on citizenship in Latvia and Estonia after
the break-up of the Soviet Union.

INITIAL UN ACTIONS TAKEN

In the early 20th century, regulating access to nationality fell entirely within the
reserved domain of states and was not subject to any rules of international law
until 1923, when the Permanent Court of International Justice acknowledged
that this jurisdiction of states could be limited by obligations undertaken in this
area towards other states.
In September 1924, the Assembly of the League of Nations adopted a resolution
establishing a Committee of Experts to prepare a provisional list of the subjects
of International Law the regulation of which by international agreement would
seem to be most desirable and realisable and the present moment. At its first
session, the Committee of Experts identified eleven such subjects and conflicts
of laws regarding nationality was first on that list. In the end, just three
questions remained when the League of Nations proceeded to convene of a
conference to codify international rules: Nationality; Territorial Waters; and
Responsibility of States for Damage done in Their Territory to the Person or
Property of Foreigners.
In April 1930, delegates at Codification Conference in the Hague adopted the
Convention on certain questions relating to the conflict of nationality laws,
along with three Protocols. This was a watershed moment in the international
communitys dealings with nationality issues. The Convention recognised that
it is in the general interest of the international community to secure that all its
members should recognise that every person should have a nationality [and] the
ideal towards which the efforts of humanity should be directed in this domain is
the abolition of all cases of statelessness. With this ideal in mind, the
Convention elaborates the first set of international rules through which states
can minimise the incidence of statelessness (and dual nationality, also deemed a
problematic legal anomaly at the time).

The UNs Study of Statelessness, published in 1949, observed that although

statelessness is a phenomenon as old as the concept of nationality [it had now]
assumed unprecedented proportions.

The findings of the study prompted the inclusion of statelessness in the early
work of the UN. Eventually, three instruments were elaborated. The first was
adopted in 1951, the Convention relating to the Status of Refugees, dealing with
the treatment of those who had been forced to flee their country due to a well-

founded fear of persecution and who may or may not also have been
denationalised. It has become the cornerstone of international refugee protection
across the globe. The second was a sister instrument, whose adoption was
delayed until 1954, the Convention relating to the Status of Stateless Persons.
The aim of this instrument was to regulate and improve the status of stateless
persons by an international agreement and it remains a pivotal piece of the
international law arsenal in respect of statelessness, not least because it contains
the international legal definition of a stateless person (someone who is not
considered as a national by any state under the operation of its law). The third
and final UN instrument was concluded in 1961 and is guided by the
recognition that, while it is important to ensure that stateless persons are
accorded certain minimum standards of treatment, ultimately it is desirable to
reduce statelessness by international agreement. Thus, the Convention on the
Reduction of Statelessness echoes and builds on the earlier League of Nations
efforts to prescribe safeguards which will enable statelessness to be avoided.

The Universal Declaration of Human Rights, adopted in Paris on the 10th of

December 1948, proclaims that everyone has the right to a nationality (article
15). This is another milestone in the history of the international communitys
engagement with the question of nationality because it marks the beginning of
an evolution from a technical issue around which states may take on certain
international obligations to deal with conflicts of laws, to a matter of human
rights.

The most recent chapter in the story of statelessness commenced on the 4th of
November, 2014. On this day, UNHCR launched the #ibelong campaign,
accompanied by its Global Action Plan to End Statelessness 2014-2024.
Inspired by the increasingly bold talk of working towards solving statelessness
by the then High Commissioner for Refugees, Antonio Guterres, the UNHCR
elaborated this 10-point plan with the aim of eradicating statelessness within a
decade.

CURRENT SITUATION IN THE MIDDLE EAST

In relation to Syria, for instance, half of the regions 4.7 million Syrian refugees
are children, and over 300,000 have been born in exile and 709,000 Syrian
refugee children under the age of four were born during Syrias ongoing
conflict. Under Syrian law, children acquire nationality through their fathers,
but hundreds of thousands of Syrian children have been robbed of their fathers
by the warleaving them with no way to confirm their nationality. Similarly,
the trafficking of over 8,000 women and girls from the Yazidi minority in Iraq
has led to significant numbers of children born out of wedlock, but such
children are often impossible to confirm as nationals under the law.
The Middle East now faces the prospect of adding hundreds of thousands to the
stateless population. Of the 4 million Syrian refugees, over 1 million are
children under 18many having left Syria without proper papers. There are
also around 10,000 minors who have arrived in neighbouring

countries paperless and without an accompanying

adult.
More at risk of permanent statelessness are tens of thousands of newborn
refugees, overwhelmingly from Syria, with many lacking papers to prove their
nationality. Some 70 percent of babies born to Syrians in Lebanon are estimated
to be unregistered.
Many Syrians with passports see them expire, but even where feasible, refugees
are reluctant to renew them at Syrian consulates because of fear of deportation
or identification by the Syrian regime.

Jordan, Lebanon, and Syria also require marriage certificates prior to registering
a baby, along with a birth notification from a hospital, doctor, or midwife.
However, women often give birth at home or in emergency situations where
formal birth notifications are not available
ISIS has started destroying passports and other identification documents issued
by the Syrian government as a punitive measure, but also to cut links to
nationality and former homes.

According to the UNHCR, Turkey currently hosts 1.7 million Syrian refugees
and 300,000 Iraqis; moreover, 500,000 more are expected from Syria before the
end 2016. Todays Syrian refugees are in addition to three older stateless
populations in the Middle East. The ISI report on the Worlds Stateless
discusses the Palestinians in three categories: Palestinians who fall under the
UNRWA mandate; Palestinians under UNHCRs refugee mandate; and
Palestinians potentially under UNHCRs statelessness protection mandate.
Accordingly, there are over 5 million Palestinians who are stateless or whose
nationality status is unclear. The other distinct stateless groups include several
hundred thousand Bidoon in the Persian Gulf region. When boundaries in the
region were established, some countries used tribal affiliations rather than
borders to determine citizenship and thousands ended up without any
nationality. There are also over 200,000 stateless Kurds in Syria and Lebanon.
Syria had announced a policy to address this issue in 2011 but the deterioration
of the security situation has precluded a resolution. Today this Kurdish
population constitutes up to 10 percent of the 250,000 Syrian refugees in Iraq.

STATELESSNESS IN LATIN AMERICA

The UNHCR cooperates with Latin American governments on different aspects
of the refugee issue. The Argentina Regional Office, covering Argentina,
Bolivia, Chile, Paraguay, Peru and Uruguay, provides legal and physical
protection and resolving statelessness related issues. In Costa Rica, UNHCR
provides training, helps with border patrols, monitors airports, and also
encourages job placement. In Ecuador, UNHCR works with the government on
resettlement and antidiscrimination programs. In Mexico, UNHCR informs
refugees of their rights, protects them from human trafficking, offers protection
to unaccompanied children, and addresses the legal status of stateless people in
order to prevent detention. The UNHCR for Central America is in Panama. This
office deals mostly with the displacement of people due to criminal activities.
The UNHCR locations in So Paulo and Brasilia collaborate with multiple
partners and NGOs to provide long-term solutions for refugees, to collect funds,
and to encourage integration and protection. Brazil, despite economic
recession, provides financial contribution for UNHCR operations, donating a
total of $15 million USD between 2010 and 2014. UNHCR is working with the
Brazilian government on the approval of a bill against statelessness. UNHCR is
also encouraging the government to become more involved in promoting
integration and self-sufficiency, and in strengthening programs that provide

legal and physical protection. UNHCR is working throughout of Latin America

to deal with internal displacement trends.
Countries in Latin America have always dealt with refugees, migrating either
from neighbouring countries or from abroad. In order to address this persistent
issue, Latin America unified to create three important documents: The
Cartagena Declaration on Refugees, the Mexico Plan of Action, and the Brazil
Declaration and Plan of Action.

Cartagena Declaration on Refugees

In 1981, Mexico hosted the Asylum and International Protection of Refugees in
Latin America. During this meeting, Latin America analyzed the refugee issue
and, in 1984, Latin America came together for the Cartagena Declaration on
Refugees. The Declaration points out the necessity for countries both
producing or accepting refugees to collaborate with the UNHCR, to train
officials in dealing with refugees, to assure their safety, and to make sure that
refugees rights are not violated. The Declaration also established the need to
distinguish between refugees and other migrants and to strengthen programs
that facilitate integration, protection, self-sufficiency, education, and health of
refugees. By distinguishing between refugees and migrants, the Declaration
expanded the meaning of refugee as someone who fled a country because of
human rights abuses or life-threatening situations. The Declaration states that
repatriation or moving to a third country must be voluntary. Finally, it says that
governments need to cooperate to eliminate the causes of displacement, and
internal laws need to be modified to mirror the Declaration.

Mexico Plan of Action

In 2004, Latin Americas representatives met in Mexico to celebrate the 20th
anniversary of the Cartagena Declaration on Refugees. On this occasion, Latin
America agreed on the Mexico Plan of Action to Strengthen International
Protection of Refugees in Latin America (MPA). In 2005, Antnio Guterres the
U.N. refugee chief described the MPA as the worlds most sophisticated
instrument to protect refugees. The MPA addressed the refugee issue
concretely. After reaffirming the Cartagena Declaration, the MPA aimed to
improve the asylum system, to encourage social and economic development,

and create new legislation to protect refugee status in Chile, Costa Rica,
Ecuador, El Salvador, Mexico, Panama, and Uruguay.

Brazil Declaration and Plan of Action

In December 2014, on the occasion of Cartagena +30, Latin America celebrated
the 30-year anniversary of the Cartagena Declaration on Refugees. On this
meeting, Latin America signed the Brazil Declaration and Plan of Action.
Besides restating what was already agreed upon and assessing the progress
made on dealing with refugees, the plan redefined the term refugee by making
a connection between Displaced and Stateless Persons. The plan included 11
strategic programs. Some of the most significant were: Quality Asylum, which
focused on the refugee status and asylum application processes; Borders of
Solidarity and Safety, which centered on safety and protection of all people
(including locals) at borders; and Labour Mobility, which proposed a
collaboration between countries in the region to help refugees participate in
integration programs that allow transnational labour mobility. Three additional
programs focus on the Northern Triangle of Central America (El Salvador,
Guatemala, and Honduras) to address the victims of human rights violations
related to transnational crime: Human Rights Observatory on Displacement,
Prevention, and Dignified and Safe Transit. Other essential programs are
Voluntary Repatriation, Local Integration, and Solidarity Resettlement.

Additionally, the Brazil Plan recognized the need to address migration due to
climate change or natural disasters. In order to cope with these types of
migration, Latin America is committed to engage in deep studies in order to find
solutions. With the program Eradicating Statelessness, Latin America and the
Caribbean will be the first region in the world to join the Global Campaign to
End Statelessness.

BRAZIL
A bill was drafted in Brazil to give more rights to stateless people in Latin
Americas most populous nation could spur countries across the region to boost
the rights of stateless people, the U.N. refugee agency (UNHCR) has said.

The bill made it easier to register stateless people living in Brazil they were
allowed to get a Brazilian identification card, meaning easier access to state
services and employment, and be eligible for a permanent visa after living in the
country for four years.

Without citizenship, people are deprived of rights most people take for granted.
Brazil is one of just 38 countries that have signed the 1961 U.N. Convention on
the Reduction of Statelessness, which aims to help the worlds 12-15 million
stateless people. The proposed bill follows an earlier landmark reform adopted
by Brazil that has helped reduce the number of stateless people in the country;
four years ago, a change in Brazils constitution granted Brazilian nationality to
children born abroad to a Brazilian parent.

Previously, Brazilian law required that children born to Brazilians living abroad
had to live in Brazil in order to get citizenship. This meant that children who
were of Brazilian parentage, but who were born in and lived in countries that
denied citizenship to those born on their soil, were stateless.

It is estimated that the retroactive law allowed 200,000 children who were
stateless, or at risk of being stateless, to become Brazilian nationals by
registering at a Brazilian consulate anywhere in the world.

This case in Brazil shows how a tweak in constitutional law can have a
significant impact in reducing the numbers of stateless people in a short time.

UNHRC RESOLUTION REGARDING STATELESSNESS OF WOMEN

AND CHILDREN, JULY 2012
The UN Human Rights Council today took a significant step to address the
plight of stateless children by adopting its first ever resolution on the right to a
nationality. The Open Society Justice Initiative welcomed the decision, which
reaffirms essential protections for the five million children around the world
who have no citizenship anywhere.
The resolution passed unanimously after being championed by the United States
and supported by another 46 countries from all regions of the world.

Statelessness carries devastating consequences, particularly for children. Many

stateless children grow up in extreme poverty and are denied access to
education and health care. Without identity documentation, their freedom of
movement is limited and they are subject to arbitrary deportation and prolonged
detention. They are also vulnerable to trafficking and exploitation, including
child labour.
Many children end up stateless because of laws that do not allow women to pass
their nationality to their children. According to the UN High Commissioner for
Refugees 26 countries, most of them in the Middle East and in Sub-Saharan
Africa, maintain nationality laws that discriminate against women.
The Human Rights Council resolution asserts the obligations of states to ensure
that laws and practices related to the acquisition, conferral, and change of
nationality treat women and men equally, and that any decisions regarding a
persons right to nationality must be subject to effective judicial review.
It also calls on states to ensure that all persons, regardless of whether they are
stateless, are able to fully enjoy their fundamental human rights and underscores
the need to guarantee access to effective remedies to anyone who has suffered a
violation of her right to a nationality.
The resolution is an important and overdue call to action for states to intensify
their efforts to address and prevent statelessness, said Goldston. The Human
Rights Council should ensure that this issue remains on its agenda and that
concrete steps are taken toward full implementation of the right of every person
to a nationality.
The Justice Initiative advocates for continued commitment and action by the
international community to reduce and prevent statelessness. It also seeks to
bolster national and international norms through litigation and has brought cases
against Kenya, on behalf of stateless Nubian children, and against the
Dominican Republic, on behalf of Dominicans of Haitian descent.

PROPOSED STEPS THAT COULD LEAD TO POTENTIAL

LONG TERM SOLUTIONS
To prevent and reduce statelessness in MENA, including in relation to the
crises currently affecting the region, the following actions are recommended:

Promote international standards related to the prevention and reduction of

statelessness and accession to the 1954 Convention relating to the Status of

Stateless Persons and the 1961 Convention on the Reduction of

Statelessness.

Remove gender-discrimination from nationality laws, especially by

recognizing the right of women to confer nationality to their children on an
equal basis as men.

Support more effective implementation of existing legal safeguards

against statelessness at birth, such as the provision to grant nationality to
children of unknown parentage.

Support dedicated efforts to reconstitute civil registries in countries

affected by conflict and rebuild the reach and capacity of their national civil
registration systems.

Register and document every child immediately after birth, in particular

by developing multi-sectoral national strategies and frameworks to achieve
universal birth registration and dedicated efforts to register children at
heightened risk.

Identify solutions to facilitate and simplify the late registration of births

and marriages without penalty.

Strengthen engagement with refugees, host communities and internallydisplaced persons as key sources of support, advice and problem-solving
assistance in matters of civil registration.

Integrate statelessness prevention strategies into programming and

advocacy on child protection and the prevention of and response to sexual
and gender-based violence (SGBV).

Improve data collection on stateless populations, populations at risk of

statelessness and access to birth registration.

REFERENCES
http://www.unhcr.org/protection/statelessness/4ce6
3e079/situation-stateless-persons-middle-eastnorth-africa-laura-van-waas.html
http://www.institutesi.org/worldsstateless.pdf
https://www.peacepalacelibrary.nl/2016/08/a-100year-history-of-statelessness/?lang=fr
https://www.brookings.edu/blog/futuredevelopment/2015/05/15/the-state-ofstatelessness-in-the-middle-east/
http://kenan.ethics.duke.edu/humanrights/amitsen-statelessness-and-the-middle-east-seminarapr-6/
http://www.eafit.edu.co/revistas/ejil/Documents/ejiljul-dec-2011/articulo_1[1]_2011-2.pdf
http://www.coha.org/one-for-all-and-all-for-onelatin-america-unified-in-addressing-refugee-crisis/
http://news.trust.org//item/?map=brazil-bill-giveshope-to-latin-americas-stateless-unhcr
http://www.unhcr.org/cgi-bin/texis/vtx/search?
page=&comid=4a2527ca6&cid=49aea93a20&scid
=49aea93a1a&keywords=stateless_res
https://www.opensocietyfoundations.org/pressreleases/un-calls-action-against-statelessnessaffecting-children
http://reliefweb.int/report/syrian-arabrepublic/search-solutions-addressing-statelessnessmiddle-east-and-north-africa