European Journal of Migration and Law 14 (2012) 327–333 brill.nl/emil

The Human Rights of Stateless Persons in – Interview with Commissioner Thomas Hammarberg

Amal de Chickera* Statelessness and Nationality Projects, The Equal Rights Trust, 126 North End Road, London W14 9PP, UK *E-mail: [email protected]

Thomas Hammarberg was the Commissioner for Human Rights from April 2006 to March 2012. Previously he held positions as Secretary General of London-based , Swedish Save the Children and the Olof Palme International Center. He received on behalf of Amnesty Interna- tional the Nobel Peace Prize in 1977. As ambassador he advised the Swedish government on human rights issues. He has also served as the Special Representa- tive of the UN Secretary General for Human Rights in Cambodia. Other UN tasks have included membership in the first UN Committee on the Rights of the Child. Furthermore, he has acted as Regional Adviser for Europe, Central Asia and the Caucasus of the UN High Commissioner for Human Rights. Being a former journalist and teacher he has published widely on various human rights issues, particularly on Roma rights, children’s rights, refugee policy, minority issues, , and international affairs and security. His latest book is : no ground for complacency (2011). He is also well known for his presentations and lectures on human rights at various governmen- tal and academic institutions. In his role as Commissioner for Human Rights, Thomas Hammarberg gave a lot of prominence to the issue of statelessness, and made many strong statements on behalf of the rights of stateless persons in Europe.1 His prioritisation of the issue contributed immensely to raising its profile in Europe and worldwide. A few

1) For example, see T. Hammarberg (2009) Many Roma in Europe are stateless and live outside social pro- tection, Commissioner for Human Rights, available online at http://www.coe.int/t/commissioner/view points/090706_en.asp; T. Hammarberg (2010) The Rights of Stateless Persons must be Protected, Commis- sioner for Human Rights, available online at https://wcd.coe.int/ViewDoc.jsp?id=1722017; T. Ham- marberg (2011) Several hundred thousand people in Europe are stateless – they need extra protection, Commissioner for Human Rights, available online at: http://commissioner.cws.coe.int/tiki-view_blog_ post.php?postId=163; T. Hammarberg (2011) Hammarberg urges more protection for Europe’s “stateless people”, Commissioner for Human Rights, available online at http://www.humanrightseurope .org/2011/08/hammarberg-urges-more-protection-for-europes-stateless-people/.

© Koninklijke Brill NV, Leiden, 2012 DOI: 10.1163/15718166-12342011 328 A. de Chickera / European Journal of Migration and Law 14 (2012) 327–333 days before his retirement from the post of Commissioner for Human Rights, Amal de Chickera interviewed Mr. Hammarberg on statelessness in Europe.

Amal de Chickera (AdeC): Over the years, yours has been one of the most consistent and strong voices on behalf of stateless persons. How did the issue of statelessness first arise in your work, and why is it such an important one to you?

Thomas Hammarberg (TH): The issue arose early on in my work as Council of Europe Commissioner for Human Rights. During my visits, especially in eastern and south-east Europe, I met a number of stateless persons and realised their precarious situation, especially of children. The right of every person to a nationality is of course enshrined in the 1948 Universal Declaration of Human Rights (Article 15). It is in reality a ‘right to have rights’. Statelessness means in effect a negation of a person’s legal existence. This is why stateless persons are often described as ‘legal ghosts’.

AdeC: Could you elaborate on the most significant statelessness situations in Europe?

TH: UNHCR estimated at the end of 2010 that there were still some 600 000 stateless persons on our continent.2 Most of these cases are the products of the dissolution primarily of the former USSR and secondarily of the former Yugosla- via. Eastern Europe and the region of former Yugoslavia remain the main geo- graphical areas where stateless persons are encountered. As I said, I have met a number of them during my visits during the six years of my mandate. A particularly vulnerable group of stateless persons are the Roma who are sub- ject to institutional all over Europe. The status of statelessness for Roma is indeed a double, or even triple jeopardy for them. A large number of stateless persons in the region of former Yugoslavia (estimated by the UNHCR to be 18 000) are Roma. In Italy it is estimated that 15 000 stateless Roma live there, originating from the former Yugoslavia. All these people, including many children, live very fragile lives on a daily basis, often in substandard housing. I have raised the issue with authorities on many occasions, as I am sure my successor will do. Another particular group of stateless persons in Europe are the ‘erased’ persons in Slovenia: the 1992 erasure from the Slovenian state register of permanent resi- dents of more than 25 000 citizens of the former Yugoslavia remains partly unre- solved, despite efforts made by the government. It is reputed that over 13 000 persons have still not got their status established.3 This is an issue that I plan to discuss again with the Slovenian authorities later this month.

2) See http://www.unhcr.org/pages/4a0174156.html. 3) T. Hammerberg (2011) Letter to the Prime Minister of the Republic Slovenia, Commissioner for Human