Bulgaria, Moldova accede to Statelessness Conventions

Briefing Notes, 24 April 2012

This is a summary of what was said by UNHCR spokesperson Adrian Edwards to whom quoted text may be attributed at the press briefing, on 24 April 2012, at the Palais des Nations in Geneva.

Bulgaria and Moldova have become the latest states to accede to the international conventions on statelessness.

The Republic of Moldova formally deposited its instruments of accession to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness with the United Nations in New York on 19th April. Bulgaria acceded to the two important treaties a month earlier, on 22nd March.

UNHCR is very pleased by these new accessions to the global treaties to address and resolve statelessness. Achieving an increased number of states parties to the two statelessness conventions is key to making progress.

With the accession of Bulgaria and Moldova 73 states have acceded to the 1954 Convention relating to the Status of Stateless Persons, and 44 are now States parties to the 1961 Convention on the Reduction of Statelessness. This is up from 65 States parties to the 1954 Convention and 37 to the 1961 Convention just a year ago. Thirty two States pledged at UNHCR's ministerial meeting in December to accede to one or both Convention. Moldova and Bulgaria have now acted on their pledges, together with Benin and Georgia which acceded in December.

Broadening the list of signatories to these two treaties is a goal of UNHCR, which is mandated by the UN to prevent statelessness from occurring, to resolve existing cases and to protect the rights of stateless persons.

In Europe, hundreds of thousands of people are affected by statelessness. Worldwide, the number of stateless people is estimated at up to 12 million.

Statelessness can occur for a number of reasons, and its impact on those affected can be dramatic. A person unable to obtain a birth certificate, for example, can have difficulties proving their identities and accessing state and other services potentially leading to other serious denials of rights.

In Moldova, more than 5,000 persons identified themselves as stateless during the most recent census, which did not cover the breakaway Transnistrian section of the country. So far over 2,000 stateless persons have been formally registered. Almost all are former Soviet citizens. Moldova recently passed a law establishing a statelessness determination procedure with support from the governments of Hungary and France, as well as from UNHCR, so a formal examination of statelessness claims is now taking place.

Bulgaria plans to establish a status determination procedure and intends to also draw on the experience of good practices of other countries. UNHCR will support the authorities by disseminating information on the new procedure in regions where stateless persons reside.

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Statelessness Around the World

At least 10 million people in the world today are stateless. They are told that they don't belong anywhere. They are denied a nationality. And without one, they are denied their basic rights. From the moment they are born they are deprived of not only citizenship but, in many cases, even documentation of their birth. Many struggle throughout their lives with limited or no access to education, health care, employment, freedom of movement or sense of security. Many are unable to marry, while some people choose not to have children just to avoid passing on the stigma of statelessness. Even at the end of their lives, many stateless people are denied the dignity of a death certificate and proper burial.

The human impact of statelessness is tremendous. Generations and entire communities can be affected. But, with political will, statelessness is relatively easy to resolve. Thanks to government action, more than 4 million stateless people acquired a nationality between 2003 and 2013 or had their nationality confirmed. Between 2004 and 2014, twelve countries took steps to remove gender discrimination from their nationality laws - action that is vital to ensuring children are not left stateless if their fathers are stateless or unable to confer their nationality. Between 2011 and 2014, there were 42 accessions to the two statelessness conventions - indication of a growing consensus on the need to tackle statelessness. UNHCR's 10-year Campaign to End Statelessness seeks to give impetus to this. The campaign calls on states to take 10 actions that would bring a definitive end to this problem and the suffering it causes.

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Statelessness Around the World

Statelessness in Kyrgyzstan

Two decades after the disintegration of the Soviet Union, thousands of people in former Soviet republics like Kyrgyzstan are still facing problems with citizenship. UNHCR has identified more than 20,000 stateless people in the Central Asian nation. These people are not considered as nationals under the laws of any country. While many in principle fall under the Kyrgyz citizenship law, they have not been confirmed as nationals under the existing procedures.

Most of the stateless people in Kyrgyzstan have lived there for many years, have close family links in the country and are culturally and socially well-integrated. But because they lack citizenship documents, these folk are often unable to do the things that most people take for granted, including registering a marriage or the birth of a child, travelling within Kyrgyzstan and overseas, receiving pensions or social allowances or owning property. The stateless are more vulnerable to economic hardship, prone to higher unemployment and do not enjoy full access to education and medical services.

Since independence in 1991, Kyrgyzstan has taken many positive steps to reduce and prevent statelessness. And UNHCR, under its statelessness mandate, has been assisting the country by providing advice on legislation and practices as well as giving technical assistance to those charged with solving citizenship problems. The refugee agency's NGO partners provide legal counselling to stateless people and assist them in their applications for citizenship.

However, statelessness in Kyrgyzstan is complex and thousands of people, mainly women and children, still face legal, administrative and financial hurdles when seeking to confirm or acquire citizenship. In 2009, with the encouragement of UNHCR, the government adopted a national action plan to prevent and reduce statelessness. In 2011, the refugee agency will help revise the plan and take concrete steps to implement it. A concerted effort by all stakeholders is needed so that statelessness does not become a lingering problem for future generations.

Statelessness in Kyrgyzstan

Stateless in Beirut

Since Lebanon was established as a country in the 1920s there has been a long-standing stateless population in the country.

There are three main causes for this: the exclusion of certain persons from the latest national census of 1932; legal gaps which deny nationality to some group of individuals; and administrative hurdles that prevent parents from providing proof of the right to citizenship of their newborn children.

Furthermore, a major reason why this situation continues is that under Lebanese law, Lebanese women cannot pass on their nationality to their children, only men can; meaning a child with a stateless father and a Lebanese mother will inherit their father's statelessness.

Although exact numbers are not known, it is generally accepted that many thousands of people lack a recognized nationality in Lebanon and the problem is growing due to the conflict in Syria. Over 50,000 Syrian children have been born in Lebanon since the beginning of the conflict and with over 1 million Syrian refugees in the country this number will increase.

Registering a birth in Lebanon is very complicated and for Syrian parents can include up to five separate administrative steps, including direct contact with the Syrian government. As the first step in establishing a legal identity, failure to properly register a child's birth puts him or her at risk of statelessness and could prevent them travelling with their parents back to Syria one day.

The consequences of being stateless are devastating. Stateless people cannot obtain official identity documents, marriages are not registered and can pass their statelessness on to their children Stateless people are denied access to public healthcare facilities at the same conditions as Lebanese nationals and are unable to own or to inherit property. Without documents they are unable to legally take jobs in public administrations and benefit from social security.

Children can be prevented from enrolling in public schools and are excluded from state exams. Even when they can afford a private education, they are often unable to obtain official certification.

Stateless people are not entitled to passports so cannot travel abroad. Even movement within Lebanon is curtailed, as without documents they risk being detained for being in the country unlawfully. They also do not enjoy basic political rights as voting or running for public office.

This is the story of Walid Sheikhmouss Hussein and his family from Beirut.

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