Photo: Syrian Kurdish refugees take ferry to Athens; © UNHCR/Andrew McConnell
Statelessness is often overlooked in asylum and migration debates. It is a hidden but very real issue affecting many refugees and migrants in Europe.
What is statelessness?
Who is affected by statelessness?
What rights do stateless people have in Europe?
Like the 1951 Refugee Convention, the 1954 Convention on the Status of Stateless Persons enshrines in international law a set of rights and protections to be afforded to stateless people by signatory states (almost all European States). In order to grant stateless people these rights, States must be able to identify and determine who is stateless on their territory. Best practice is to do this through a statelessness determination procedure (SDP) set in law, and a handful of European countries have these in place (including for example, Italy, France, Spain, and the UK). For detailed information on the specific rights of stateless people in 18 European countries and information about other regional and international norms, refer to ENS’s Statelessness Index. Children have specific rights including under the UN Convention on the Rights of the Child (Article 7), which guarantees every child the right to a legal identity and a nationality. The 1961 Convention on the Reduction of Statelessness and the 1997 European Convention on Nationality also enshrine the right of every child who would otherwise be stateless to acquire the nationality of the state in which they were born.
Why is statelessness relevant to my work with refugees?
Statistics give an indication of the scale of statelessness in Europe, but data is sparse and often incomplete because of the challenges of accurately identifying and recording nationality problems. Statelessness remains, therefore, a largely hidden phenomenon. This is particularly so in the refugee context where on the one hand, European countries are increasingly encountering stateless people in their asylum systems, but on the other, legal frameworks, policy and capacity to identify, record and determine statelessness are lacking. The fact that an asylum applicant may be stateless is often critical when assessing their claim for international protection . Whether someone is stateless or a national of their country of origin not only impacts on the initial assessment of their claim, but also on the nationality rights of their children, and access to procedures such as family reunion or naturalisation (as well as the possibility of return) because they are unlikely to have documentary proof of identity and family links. Stateless people (like refugees) are due specific rights under international law and risk discrimination if their statelessness is not identified and acted upon, so improved knowledge and awareness among all those working with refugees is vital.
The European Network on Statelessness (ENS) is a civil society alliance of over 140 non-governmental organisations, academics and individual experts in 40 countries, committed to addressing statelessness in Europe. ENS believes that everyone has the right to a nationality and that those who lack nationality altogether – stateless persons – are entitled to full protection of their human rights.
The Institute on Statelessness and Inclusion (ISI) is the first and the only human rights NGO dedicated to working on statelessness at the global level. ISI’s mission is to promote inclusive societies by realising and protecting the right to a nationality. ISI is working to address discrimination and promote inclusive citizenship, realise every child’s right to a nationality, tackle statelessness as a cause and consequence of displacement, make the stateless visible to development programming and counter arbitrary deprivation of nationality, particularly in security contexts.