What does Statelessness mean under International Law?

Citizenship grants individuals the status of nationality, providing them with certain basic rights and obligations from the state. Although nationality is primarily a domestic issue, it can be influenced by the laws of other states and international laws, making it more than just a national concern. The Hague Convention of 1930, held during the League of Nations assembly, was the first attempt to ensure that all persons have a nationality. Article 1 of the convention states:

“It is for each State to determine under its own law who are its nationals. This law shall be recognized by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognized with regard to nationality.”

People who cannot prove a legal connection with a state are deprived of basic rights like education, medical care, and employment. They also lack the right to vote.

Article 15 of the 1948 Universal Declaration of Human Rights states:
“Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Nationality represents the bond between a state and an individual. This bond was first discussed in the 1955 International Court of Justice case, the Nottebohm Case, where the Court stated:

“According to the practice of States, to arbitral and judicial decisions and to the opinion of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interest, and sentiments, together with the existence of reciprocal rights and duties.”

The 1954 Convention on the Status of Stateless Persons defines a 'stateless person' as:

"A person who is not considered a national by any state under its operation of law."

This convention was the primary international instrument aimed at improving and regulating the status of stateless persons.

The phrase ‘considered a national by operation of law’ refers to individuals recognized as citizens by the laws of the state.

People are typically considered nationals either:

• When they are born in the state (jus soli)
• When their parents are nationals (jus sanguinis)

This type of statelessness is known as de jure, where nationality is not granted through the operation of law. People in this situation are stateless according to the laws of the state.

The definition of stateless persons in the 1954 convention was criticized for being limited to a specific group of people.

There is another type of statelessness, known as de facto statelessness, where individuals are unable to establish their nationality.

The 1954 convention only addressed de jure statelessness. The drafters believed that people without effective nationality, who were de facto stateless, were refugees. However, it later became clear that de facto stateless persons are those who are not considered citizens in their country of habitual residence and are neither refugees nor de jure stateless persons.

Consequences of Statelessness

Stateless individuals are denied fundamental rights. This affects their access to socio-economic rights like education, employment, healthcare, and housing, as well as civil and political rights, including freedom of movement, protection from arbitrary detention, and political participation.

Causes of Statelessness

There are several reasons why a state might deprive individuals of nationality. A state can strip people of citizenship through specific actions.

1. Introduction of Discriminatory Laws:

A state can enact laws that are discriminatory in nature, often targeting minority communities. These laws might discriminate based on ethnicity, race, or color, which goes against international standards. Some states refuse citizenship to children whose father is unknown or deceased. Notable examples include the discrimination against Rohingyas in Myanmar and ethnic Ethiopians in the Horn of Africa.

2. Conflicts and Gaps Between Laws:

Nationality can be acquired in various ways, such as by birth, naturalization, descent, marriage, or registration, with each country having its own nationality laws. The most common methods include:

• Nationality acquired by birth in a country.
• Nationality determined by the nationality of one or both parents.

If a person cannot establish a legal connection with a country, they are at significant risk of becoming stateless.

3. State Succession:

Statelessness can also arise when individuals move from one country to another due to the dissolution of their original country.

4. By Renunciation:

Statelessness can occur when an individual voluntarily renounces or revokes their citizenship, thereby losing their nationality.

The 1954 Convention established protections for stateless individuals, defining the term "stateless persons" and setting minimum standards for their treatment and rights. These rights include access to education, employment, and housing, as well as the right to identity, travel documents, and administrative support.

The 1961 Convention aimed at preventing and reducing statelessness, particularly focusing on cases that arise at birth or later in life. It also includes measures to prevent statelessness due to the loss or renunciation of nationality or as a result of state succession.

This convention enforces Article 15 of the Universal Declaration of Human Rights, which states, "Everyone has the right to nationality."

On November 4, 2014, the UNHCR launched the #IBelong Campaign to End Statelessness by 2024. To achieve the campaign's goals, the Global Action Plan to End Statelessness: 2014 – 2024 was created. This plan outlines 10 actions for states, with support from UNHCR and other stakeholders, to eliminate existing major situations of statelessness and prevent new cases.

1. Resolve existing major situations of statelessness.
2. Ensure that no child is born stateless.
3. Remove gender discrimination from nationality laws.
4. Prevent denial, loss, or deprivation of nationality on discriminatory grounds.
5. Prevent statelessness in cases of state succession.
6. Grant protection status to stateless migrants and facilitate their naturalization.
7. Ensure birth registration to prevent statelessness.
8. Issue nationality documentation to those entitled to it.
9. Accede to the UN Statelessness Conventions.
10. Improve quantitative and qualitative data on stateless populations.

Statelessness is a significant issue affecting almost every country, leaving individuals unrecognized and deprived of basic rights. This problem demands urgent attention. Many international organizations, particularly the UN, are actively working to address this issue. Taking action to address the plight of the stateless is crucial from a human rights perspective. There is still much work to be done in this field, and we need to develop more effective strategies to protect and support these individuals.