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# 									Statelessness							

Bureau of Population, Refugees, and Migration

The aftermath of World War II and the reconfiguration of nation states created a surge of stateless populations, which led the drafters of the 1948 Universal Declaration of Human Rights to include Article 15, which states that “everyone has the right to a nationality” and should not be deprived arbitrarily of his or her nationality.  Statelessness exists in every region of the world but remains a largely “hidden” problem without government recognition.

## What Does It Mean To Be Stateless?

A stateless person is someone who, under national laws, does not enjoy citizenship – the legal bond between a government and an individual – in any country.  While some people are *de jure*, or legally stateless persons (meaning they are not recognized as citizens under the laws of any state), many people are *de facto*, or effectively stateless persons (meaning they are not recognized as citizens by any state even if they have a claim to citizenship under the laws of one or more states).

## How Many Stateless People Are There Throughout the World?

At the end of 2021, the UN High Commissioner for Refugees (the agency mandated to prevent and reduce statelessness) counted 4.3 million stateless persons worldwide but estimated that the actual number may be over 10 million due to underreporting.What Are the Causes of Statelessness?

The following are some common causes of statelessness:
        - Lack of birth registration and birth certificates;
        - Birth to stateless parents;
        - Political change and transfer of territory, which may alter the nationality status of citizens of the former state(s);
        - Administrative oversights, procedural problems, conflicts of law between two countries, or destruction of official records;
        - Alteration of nationality during marriage or the dissolution of marriage between couples from different countries;
        - Targeted discrimination against minorities;
        - Laws restricting acquisition of citizenship;
        - Laws restricting the rights of women to pass on their nationality to their children;
        - Laws relating to children born out of wedlock and during transit;
        - Loss or relinquishment of nationality without first acquiring another.

## What Are the Challenges Stateless People Face Without Citizenship?

Without citizenship, stateless people have no legal protection and no right to vote, and they often lack access to: education; employment; health care; registration of birth, marriage, or death and property rights.  Stateless people may also encounter travel restrictions, social exclusion, and heightened vulnerability to sexual and physical violence, exploitation, trafficking in persons, forced displacement, and other abuses.

## What Solutions Exist to End, Prevent, or Mitigate Statelessness?

Key efforts States could consider to prevent and provide a durable solution for statelessness include:
        - Creating awareness of statelessness and identifying stateless populations;
        - Universal birth registration and other forms of civil documentation;
        - Increasing access to naturalization or citizenship by:           - Eliminating discrimination in nationality laws and practice; and
          - Building administrative capacity for civil registry; and 
        - Strengthening political will and  addressing gaps in national laws that are causing statelessness.

## What Is the State Department Doing To Help Stateless People?

The State Department provides assistance and engages in diplomacy to prevent and resolve statelessness.  The United States is the largest single donor to the United Nations High Commissioner for Refugees (UNHCR), the agency mandated to protect stateless people.  The State Department also advocates on behalf of stateless people with foreign governments and civil society organizations and monitors the conditions and challenges that stateless people encounter.

Through diplomacy and contributions to UNHCR’s core budget, the United States supports the #IBelong Global Campaign to End Statelessness by 2024.  The United States is a member of the Geneva-based “Group of Friends” of the #IBelong campaign, and monitors UNHCR’s statelessness activities in the field to track progress toward its Global Action Plan to End Statelessness.  In some cases, the United States funds non-governmental organizations to provide assistance to and advocate on behalf of stateless people.

Of note, to mark the mid-point of the #IBELONG Campaign to End Statelessness, UNHCR convened a global High-Level Segment on Statelessness  as part of its Executive Committee meeting in 2019.  This High-Level Segment on Statelessness was an intergovernmental meeting of United Nations Member States and other stakeholders.  The meeting gave States and others the opportunity tohighlight key achievements in addressing statelessness since the #IBelong Campaign was launched in November 2014; anddeliver concrete pledges to address statelessness in the remaining five years of the #IBelong Campaign.

During the High-Level Segment, the United States pledged to:
        - Engage in strong U.S. diplomacy to advocate for the prevention and reduction of statelessness and to provide U.S. humanitarian assistance to help protect stateless persons.
        - Conduct an external evaluation of the efforts by the U.S. Department of State’s Bureau of Population, Refugees, and Migration (PRM) to prevent and reduce statelessness.
        - Champion the goal of achieving nationality law reforms in the 25 countries that currently do not allow women to confer citizenship on their children on an equal basis with men.

At the 2021 UNHCR High-Level Officials Meeting (HLOM), the United States committed to improving protection of stateless persons residing in the United States by adopting a definition of statelessness for U.S. immigration purposes and building a process for making statelessness determinations consistent with U.S. law.  The Department of State supports the Department of Homeland Security’s (DHS) implementation of this commitment, which will work to explore ways to reduce barriers to legally available immigration relief and benefits faced by stateless persons, increase data available on stateless persons in the United States, and examine the means through which DHS could facilitate work and travel for stateless persons.

The State Department is also working to:
        - Combat discrimination in nationality laws that prohibit women from transmitting citizenship to their children or foreign spouse on an equal basis with men, which often results in statelessness;
        - Create awareness of the problem of gender discrimination in nationality laws and statelessness globally; and
        - Persuade governments to repeal and amend nationality laws that discriminate against women.

## Links and Resources

        - Global Campaign for Equal Nationality Rights
        - UNHCR’s Statelessness Webpage

Tags

United Nations High Commissioner for Refugees

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