STATELESS PERSONS

Statelessness

The status of having no nationality as a consequence of being born without any

nationality or as a result of deprivation or loss of nationality

Kinds of statelessness

1. Legally (De jure) – a person without the citizenship or nationality of any state and;

2. Effectively (De Facto) – a citizen of a state who is not adequately protected by it or is

unable to establish his/her citizenship.

Causes of statelessness

1. A priori denial of nationality by:

a) Birth;
b) Lack of birth registration;
c) As a consequence of state succession;
d) As a consequence of transfer of State territory;

2. Subsequent Deprivation of Nationality by:

a) Conflicting marriage laws;

b) Legislation of bureaucratic incidents;
c) Denationalization (recission of an individual’s nationality by a willful act of
the State);
d) Renunciation.

Conventions relation to stateless persons

1. 1954 Convention – Status of stateless persons

It offers the protection to stateless persons, who are lawfully within a Member
State’s territory, by entitling persons to the same treatment accorded to aliens and to
receive travel documents and identity papers.

2. 1961 Convention – Reduction of statelessness

It provides for the following:

a) It obliges States to grant nationality to persons born in their territories, who

would otherwise be stateless, and to enable stateless persons under
certain circumstances to acquire a Member State’s nationality;
 b) It expressly prohibits denationalization on racial, ethnic, religious or
political grounds; and
c) It provides for the creation of a body to which a stateless person may
apply and seek assistance.

Philippines has neither signed nor ratified the 1961 Convention on the Reduction of
Statelessness.

Both conventions apply only to de jure statelessness persons.

Consequences of statelessness

Statelessness adversely affects a person’s right to exercise rights and privileges usually
enjoyed by citizens of the State. For example, employment, suffrage, education,
healthcare etc.

In terms of act or omissions of the state suffered by a stateless person, it shall be

considered as damnum absque injuria. In theory no state has been offended and no
international delict was committed.

Rights of stateless persons

1. Same treatment granted to a national of the country of his habitual residence with
respect to:

a) Public relief and assistance;

b) Rights to artistic rights and industrial property;
c) Rationing;
d) Elementary education; and
e) Free access to courts;

2. Same treatment which shall be favorable as possible and, in any event, not less
favorable than that accorded to aliens generally in the same circumstances with respect
to:

a) Rights to movable and immovable property;

b) Housing;
c) Wage-earning employment;
d) Right of association;
e) Liberal professions; and
f) Freedom of movement.

3. To be issued identity papers in their territory when he does not possess a valid travel
document.
Treatment of Stateless Individual

International conventions provide that stateless individuals are to be treated more

or less like subjects of a foreign state.

Measures to be taken to prevent statelessness

1. A contracting state shall grant its nationality to a person born in its territory who would
otherwise be stateless

2. A contracting state shall grant its nationality to a person, not born in the territory of
contracting state, who would otherwise be stateless, if the nationality of one of his
parents at the time of the person’s birth was that of the State.