UNHCR Brief on Statelessness and Detention Issues

1. In 1995, the Executive Committee of the High Commissioner's Programme discussed the problem of statelessness, adopting a Conclusion on the Prevention and Reduction of Statelessness and the Protection of Stateless Persons. In this Conclusion, the Executive Committee expressed its view that everyone has the right to a nationality and the right not to be arbitrarily deprived of nationality, and underlined its concern that statelessness, including the inability to establish one's nationality, might result in displacement. UNHCR was asked, inter alia, to review both the causes and the magnitude of the problem of statelessness, as well as to disseminate information which might promote the prevention and reduction of statelessness.

2. In undertaking these activities, it has come to UNHCR's attention that there are numerous cases of persons held in indefinite detention because they have no nationality, or their nationality status is unclear. While many problems relating to statelessness have regional variations, some types of statelessness being found in one region and not another, the problem of detention for those without an effective nationality appears to be a global one. An individual may have committed a crime, served the sentence, but not be released once the sentence is served if an alien on that State's territory and no other State acknowledges that person as a national. Persons who enter a State illegally, or those who have entered legally but whose documents or visas have expired, are also often placed in detention pending resolution of where they should be sent. If they are stateless persons, the place of former habitual residence may no longer allow them to return, in particular if they have been outside of the country for any period of time. Others may have a nationality but the State of nationality refuses to accept them back, indicates that their nationality was withdrawn or lost while they were out of the country, or simply refuses to acknowledge the person as a national without documentary proof which, under the circumstances, may be difficult to acquire.

3. UNHCR is aware of cases such as these around the globe. In some instances persons have been in detention for years, not because they have committed a crime, but solely because the State does not know where to send them and refuses to release non-nationals on its territory. The magnitude of the problem, while unclear, is significant enough to merit further study, as the cases now known may constitute but a handful of the actual cases there are. These cases can, left unaddressed, create significant problems between States as well as for the individuals concerned. The problem is a distinct one, and might be reviewed with reference to principles of international law relating to arbitrary detention, the right to return, and agreements between States on confirmation of nationality. Recommendations made or positions adopted by governments with reference to the problem and to possible steps to take in resolving such cases would be useful in the furtherance of UNHCR's activities on behalf of stateless persons.

4. UNHCR has assisted States under the terms of the 1954 and 1961 Statelessness Conventions through the provision of technical and advisory services, for example, in establishing the status of an individual concerned and in the issuance of identity documentation where appropriate. In addition to the Office's mandate concerning the prevention and reduction of statelessness and the protection of stateless persons, UNHCR supports the consideration of proposals made on humanitarian grounds which might serve to address the problem of the indefinite detention of stateless persons. In this regard, an expression of concern by interested States and suggestions for an appropriate response from the international community could serve as a foundation upon which UNHCR might structure its activities for these persons who are, in increasing numbers, seeking the our assistance.

Division of International Protection
Standards and Legal Advice/Statelessness

27 November 1997