Nationality and Statelessness: A Handbook for Parliamentarians

This handbook takes a closer look at the issue of statelessness and its relationship with the concept of nationality. It first sets out the international legal framework, including the 1954 United Nations Convention relating to the Status of Stateless Person, which addresses statelessness, and then sets out the international human rights and regional treaties that inform the legal concept of nationality. Next it discusses how to identify stateless persons, including the standards of evidence and minimum standards of procedural fairness, as well as the best way to protect stateless persons. The handbook then looks at the major causes of statelessness, including: the conflict of laws, specifically those related to renunciation and children, administrative practices, such as excessive fees, laws that directly affect women, laws dealing with the automatic loss of nationality, the transfer of territory or sovereignty, discrimination, and the laws concerning the deprivation and denial of citizenship. For each of the issues discussed, the paper proposes suggestions on how to avoid them. The handbook then sets out the role of the United Nations High Commissioner for Refugees with regard to statelessness, along with other United Nations agencies, such as UNIFEM and the ILO. Finally the handbook discusses the unique role of Parliamentarians in addressing statelessness, including what they should look for in reviewing national legislation, how they should encourage accession to the 1954 Convention, and why accession is important, and lastly how they can raise awareness and encourage international cooperation with respect to statelessness.