Merlyn (left), seen here with her nephew CJ and cousin Adelaiza, harvests mushrooms for a living in Kidapawan City, the . She was born in the Philippines to Indonesian parents who made her promise to keep her Indonesian identity, a situation that eventually rendered her stateless. Merlyn does not have Filipino citizenship, yet she has no wish to return to , where she has no family, no land and no understanding of the language. Merlyn’s husband and daughter are also stateless.

38 UNHCR Statistical Yearbook 2013 Stateless Persons

EASURING STATE- of situations are both and an overview of the obstacles to LESSNESS IS COM- essential for States. Such informa- potential solutions. PLICATED, as stateless tion both allows States to adequately This chapter examines the com- persons often live in pre- respond to statelessness and enables plexity of identifying and enumerating carious situations on the UNHCR to fulfil its mandate to pre- stateless persons, and is divided into Mmargins of society. Frequently, stateless vent and reduce statelessness and pro- two sections. The first section provides persons are not only undocumented tect stateless individuals. Quantitative an overview of statistics available to but also ignored by the authorities and data and qualitative analysis are both UNHCR, including on some of the ac- uncounted in national administrative needed in order to provide a com- tivities undertaken by the agency to registries and databases. Only a minor- prehensive picture of a statelessness improve its data. The second section ity of countries have procedures in place situation. These processes should in- provides a critical analysis of the state for their identification, registration, and clude an assessment of the scale of the of statistics on stateless , au- documentation. Most stateless persons go situation in terms of magnitude and thored by the Institute on Statelessness uncounted even in . geographical spread, a profile of the and Inclusion. However, the identification of state- affected populations, analysis of the less persons and clear understanding causes and impacts of statelessness,

º ºPersons under UNHCR’s statelessness mandate

UNHCR’s Executive Committee has cal- In 2014, UNHCR launched the procedures that lead to a legal status led on the Office to undertake research Campaign to End Statelessness in 10 permitting residence and guaranteeing ‘to promote an increased understanding Years. This strategy is set out in the the enjoyment of basic human rights of the nature and scope of the problem agency’s Global Action Plan,37 which and facilitated naturalization. A second of statelessness’. It has also encouraged comprises 10 actions through which the action is the gathering of quantitative States that are in possession of statistics goals of the campaign will be achieved. and qualitative data on stateless popu- on stateless persons, or on individuals Successful implementation of the plan lations. Implementation of the Action

UNHCR / R. ARNOLD with undetermined nationality, to share and achievement of the goals of the cam- 35 them with UNHCR. The Office has paign will both require improved base- 35 UNHCR (2006), Conclusion on Identification, Prevention issued updated guidance to its country line population data. Indeed, two of the and Reduction of Statelessness and Protection of Stateless Persons, 6 October 2006, No. 106 (LVII), available at: http:// offices on the reporting of statistics for plan’s formal actions directly deal with www.refworld.org/docid/453497302.html. populations under its statelessness man- the identification of stateless persons 36 UNHCR (2012), Guidelines on Statelessness No. 1: The definition of ‘Stateless Person’ in Article 1(1) of the 1954 date, reflecting efforts to clarify the defi- and the improvement of baseline data. Convention relating to the Status of Stateless Persons, 20 nition of a stateless person under Article One of these actions seeks to increase February 2012, HCR/GS/12/01, available at: http://www. 1 of the 1954 Convention relating to the the number of States that identify state- refworld.org/docid/4f4371b82.html. 37 http://www.unhcr.org/statelesscampaign2014/Global- Status of Stateless Persons.36 less migrants through determination Action-Plan-eng.pdf.

UNHCR Statistical Yearbook 2013 39 Stateless Persons

Plan also aims to strengthen civil reg- Fig. 3.1 Number of countries for which statistics on istration and vital statistics systems, stateless persons were reported | 2004 - 2013 which would likewise contribute to the availability of quantitative and qualita- tive data. 2004 30 11 Recent years have seen a signifi- cant increase in awareness of stateless- 2005 48 14

ness among governments and NGOs, 2006 49 19 and within the . Strong evidence of the greater commitments 2007 54 17 made by States to address stateless- 2008 58 22 ness is provided by the steady increase in the number of States that are party 2009 60 21 to the 1954 Convention relating to the 20 Status of Stateless Persons and the 2010 65

1961 Convention on the Reduction of 2011 64 21 Statelessness. Since 2011, 27 States have acceded to one or both of these conven- 2012 72 17 tions – in fact, more States have acceded 2013 75 19 to the 1961 Convention over the last four years than during the four decades fol- Countries with reliable data lowing its adoption. Currently, there are Countries with known populations without reliable data 83 States Parties to the 1954 Convention and 61 to the 1961 Convention. This growing commitment also lays the ground for improved identification and In the migratory context, stateless- residence and guaranteeing the enjoy- gathering of data on statelessness. ness determination procedures are es- ment of basic human rights and facili- Statistics on stateless persons can sential for the effective identification of tated naturalization. Other countries be gathered using several methods, stateless persons. The 1954 Convention are currently studying the possibility of including analysis of civil registration neither implicitly requires that a pro- establishing similar determination pro- data, a population , or a targeted cedure be established nor prescribes cedures. Further, a number of countries survey. 38 The United Nations recom - a particular means for determining already have mechanisms in place to mendations on population censuses statelessness. It does establish stand- determine statelessness but would need underscore the importance of includ- ards of treatment of stateless persons, to bring these in line with international ing questions related to citizenship, however, and these can be applied by a standards on the protection of stateless including statelessness.39 Based on State Party only if it knows who should persons. In particular, these mecha- census data obtained through the 2010 receive this treatment. The creation of nisms would need to be linked to the World Population and Housing Census statelessness determination procedures granting of legal status permitting resi- Programme, data for 10 countries are therefore fulfills the objective and pur- dence, the enjoyment of basic human included in the 2013 statistics. This is pose of the 1954 Convention. Evidence rights, and facilitated naturalization. a significant increase, given that cen- shows that establishing statelessness UNHCR’s statistics on those under sus data for just two countries were in- determination procedures does not in- its statelessness mandate mainly com- cluded only three years ago. UNHCR crease migration by stateless persons to prise stateless persons – that is, persons will continue to work with other UN States with such procedures. To provide not considered as nationals by any State agencies and with civil society partners guidance to relevant actors, includ- under the operation of its law. However, to achieve further improvements in ing government authorities, UNHCR data from some countries also include census data quality and coverage in the published a Handbook on Protection of persons of undetermined nationality. coming years, including through the Stateless Persons40 in 2014. UNHCR’s statistics include data only on 2020 World Population and Housing Currently, 10 States have state- countries for which reliable official sta- Census Programme, for which prepara- lessness determination mechanisms tistics or estimates of stateless popula- tions are now underway. that lead to a legal status permitting tions are available. Despite the increased number of countries engaged in report- ing and the enhanced reliability of their figures, UNHCR is unable to provide 38 UNHCR (2012), The State of the World’s Refugees: In Search of Solidarity, Oxford University Press, Oxford, 108–109. comprehensive statistics on stateless 39 United Nations (2008), Principles and Recommendations for Population and Housing Censuses, Revision 2, New York, accessible at http://unstats.un.org/unsd/publication/seriesM/seriesm_67Rev2e.pdf. persons in all countries. A considerable 40 http://www.unhcr.org/53b698ab9.html. gap remains between the data provided

40 UNHCR Statistical Yearbook 2013 Stateless Persons in the statistics and the estimated global 30 countries in 2004, and reflected the many individuals of Haitian descent stateless population, which numbers at efforts of UNHCR’s offices to gather born in the country since 1929 are not least 10 million persons. Annex Table 7 better data on statelessness. For 2013, Dominican nationals. As they do not includes some countries (marked with UNHCR’s offices reported a figure of posess any other nationality, they were an asterisk) for which UNHCR has in- almost 3.5 million stateless persons, thus rendered stateless. formation about the existence of signifi- slightly higher than that reported Meanwhile, there was limited pro- cant stateless populations but for which in 2012 (3.34 million). This increase gress to reduce the number of stateless no reliable figures were available. was due to the clarification of the sta- persons through the acquisition or con- By the end of 2013, statistics on per- tus of an estimated 210,000 persons firmation of nationality. At least 47,200 sons falling under UNHCR’s state- in the Dominican Republic, where a stateless persons in 19 countries ac- lessness mandate were available for Constitutional Court judgment retro- quired nationality during 2013, far less 75 countries, three more than in 2012 actively applied new nationality cri- than in previous years. n [see Figure 3.1]. This compared to just teria. In so doing, the court ruled that

Counting the world’s stateless: reflections on statistical reporting on statelessness

– by the Institute on Statelessness and Inclusion41 –

INTRODUCTION tatelessness is a problem of global populations is important to ‘serve as a basis international obligations towards these proportion and impact. Around the for crafting strategies to address the prob- populations, either under the two UN S world, millions of people do not en- lem.42 With the launch of the Campaign statelessness conventions or in accord- joy any nationality, leaving a gaping hole in to End Statelessness in 10 Years,43 this is ance with the broader body of interna- their lives. For many, statelessness brings an opportune time to explore the ins and tional human rights law. In the fulfilment real hardship, characterized by lack of ac- outs of statistical reporting on stateless- of its statelessness mandate, UNHCR’s cess to a wide range of rights and services ness. This section discusses what the data Executive Committee has also tasked the that others take for granted. Statelessness show about the magnitude and reach of agency with undertaking and sharing re- can even be a factor integral to experi- statelessness. It also looks more closely at search on various aspects of statelessness, ences of acute discrimination and per- how statistical reporting on statelessness including on the scope of the problem. It secution, or give rise to sentiments of an is organized and what gaps need to be con- has also encouraged States to cooperate identity lost or denied. sidered by States, UNHCR and other UN with UNHCR in this regard.45 Awareness of the human impact of agencies, and civil society.44 Other UN agencies, NGOs, and aca- statelessness can offer motivation to ad- demia also have a role to play in the iden- dress the phenomenon, as a better un- STATISTICS ON STATELESSNESS tification and quantification of situations derstanding of the extent and scope of States hold the primary responsibility for of statelessness by conducting data col- the problem enables a more effective re- identifying stateless persons in their ter- lection. Statistics on statelessness are sponse. As UNHCR’s Executive Committee ritory and subject to their jurisdiction. therefore to be found in a diverse array has outlined, gathering data on stateless Doing so allows States to implement their of reports and data sources. Population registries, national censuses, human rights monitoring (by government, UN, or civil 41 See www.InstituteSI.org, an independent, non-profit organization established to promote the inclusion of the stateless and the disenfranchised. The views and opinions expressed are those of the ISI and do not necessarily represent the views of the Office of the society), academic publications, and me- United Nations High Commissioner for Refugees. dia reporting on groups affected by state- 42 UNHCR, Executive Committee, Conclusion on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons, No. 106 (LVII), 6 October 2006. lessness – all may generate information 43 See http://ibelong.unhcr.org/en/home.do. on the scale of the problem. This infor- 44 This article is based on and includes extracts from the longer report, The World’s Stateless, published by the Institute on mation is highly dispersed, however, and Statelessness and Inclusion in December 2014 and which contains a more detailed discussion of statelessness statistics across a wide selection of countries. there have been few exercises in making it 45 See for example, UNHCR, Executive Committee, Conclusion on Identification, Prevention and Reduction of Statelessness and readily accessible as a single picture of the Protection of Stateless Persons, No. 106 (LVII), 6 October 2006. scope of statelessness globally.46 46 Refugees International published a ‘global survey’ on statelessness in 2005, with an update issued in 2009, in which data on statelessness from around the world was drawn together in a single overview. It has not undertaken this exercise again since. The most comprehensive compilation See Refugees International, Lives on Hold. The Human Cost of Statelessness, written by M. Lynch, 2005, available at: http://www. of data on stateless populations around refintl.org/sites/default/files/LivesonHold.pdf; and Refugees International, Nationality Rights for All. A Progress Report and Global Survey on Statelessness, written by K. Southwick and M. Lynch, 2009, available at http://www.refintl.org/sites/default/files/RI%20 the world is that collated and updated Stateless%20Report_FINAL_031109.pdf. The US Department of State’s annual Country Reports on Human Rights have a dedicated by UNHCR. As the UN agency mandated section on statelessness that often includes data, where available, on the number of stateless persons, but these data are not subsequently compiled in an overview on statelessness around the world. to assist States and other stakeholders

UNHCR Statistical Yearbook 2013 41 Stateless Persons

to address statelessness,47 UNHCR first important to put in place measures to started issuing country-by-country sta- identify stateless persons and enhance the tistics on persons under its statelessness accuracy of their figures on statelessness. mandate in its Global Trends report for Of 142 national population censuses un- 2004.48 These data, found in a separate dertaken since 2005 for which the United table that has been added to UNHCR’s Nations possesses questionnaires, only statistical reporting specifically for this 112 included a question on nationality. Of purpose,49 constitute a central tool in these, less than 25 per cent included a pre- understanding the current state of state- coded option for census-takers to record lessness statistics worldwide. the responses of those who self-identified as stateless.52 METHODOLOGICAL CHALLENGES The UN Statistics Division of the TO GATHERING Department of Economic and Social DATA ON STATELESSNESS Affairs (DESA), in the instruments it uses Statelessness is often an invisible problem, to collect data from States on an annual making it a distinctly challenging phenom- basis and following a census exercise, enon to map. Furthermore, due to inher- also does not request reporting on the ent complications in quantifying state- number of stateless persons. However, it lessness, the reliability of statistics, even does ask for data on the number of both when available, can also be questionable. refugees and citizens, as well as foreign or Here are some of the main difficulties: non-citizens and persons of unknown citi- zenship status within a State’s territory.53 DEFINITIONAL ISSUES Furthermore, although UNHCR and other The definition of statelessness is not as UN agencies frequently carry out registra- straightforward as it appears to be. The tions of refugees and in some cases inter- term ‘under the operation of its law’ has nally displaced persons, it is not common been authoritatively interpreted as be- for them to register stateless persons.54 ing a question of both fact and law.50 Thus, it is not merely government data Consequently, there are persons who that are incomplete; the UN’s own data would be eligible for a particular nation- often do not provide a comprehensive ality but who are nonetheless stateless picture of statelessness. Indeed, it may because they are not considered as nation- not be advisable for UNHCR to seek to als by the competent authorities of the conduct large-scale registration of state- relevant state.51 It may not be apparent to less persons because, in the majority of 47 This is in accordance with successive resolutions adopted by the General Assembly of the United Nations, including the individuals concerned or to an outside cases, stateless persons remain in their UNGA Resolution 50/152 of 9 February 1996 (A/RES/50/152). observer that they are stateless. ‘own country’. As such, the ideal solution 48 UNHCR, 2004 Global Refugee Trends, 17 June 2005, On the other hand, some may self- for them would be to be granted nation- available at: http://www.unhcr.org/42b283744.html. 49 See Annex Table 7, ‘Persons under UNHCR’s statelessness identify as stateless – for instance, be- ality by the State concerned, not recogni- mandate’. cause they do not feel connected to their tion and registration as stateless persons.55 50 UNHCR, Handbook on Protection of Stateless Persons, state due to political beliefs or personal Even where data-collection exercises 30 June 2014, available at: http://www.refworld.org/ docid/53b676aa4.html. sentiments – even though they do hold include information on statelessness, 51 This is, for instance, the case for otherwise stateless a nationality. Historic and enduring mis- this does not always yield comprehen- children born in who, according to the letter of the law, acquire Lebanese nationality, but this safeguard is not comprehension of the scope and applica- sive or reliable results. For instance, a 2011 implemented in practice. Frontiers Ruwad Association, Invisible tion of the definition of a stateless person mapping study of statelessness in the Citizens: Humiliation and a life in the shadows. A legal and policy study on statelessness in Lebanon, 2011. also impedes the accurate quantification United Kingdom identified several meth- 52 UNHCR, Global Action Plan to End Statelessness of statelessness. Moreover, many States odological flaws in its statelessness data, 2014–2024, page 24, available at: http://ibelong.unhcr.org/cms- web/upl/entities/story/FINAL%20Global%20Action%20Plan%20 do not have a definition of statelessness and found diverging information across -%20PDF%20Version.pdf. in their domestic laws, or they maintain a different data sets.56 Meanwhile, some 53 These instruments can be downloaded here: http:// definition or interpretation that diverges statelessness-specific data-collection ex- unstats.un.org/unsd/demographic/products/dyb/dybquest. htm. See in particular Section 2 of the annual Population from that understood under international ercises, such as those carried out in recent Estimates Questionnaire and Table 20 of the Population Census Questionnaire: General Characteristics. law, such that it is not applied uniformly years in Myanmar and the Philippines, are 54 See, for instance, UNHCR, The State of the World’s across all jurisdictions. limited in their scope – i.e. collecting data Refugees, 2012, at page 108. only in one area of the country or only 55 UNHCR, Handbook on Protection of Stateless Persons, 30 June 2014, paragraphs 58–61, available at: http://www.refworld. GAPS IN DATA-COLLECTION TOOLS with respect to one target population af- org/docid/53b676aa4.html. In most countries, statelessness is not high fected by statelessness. 56 UNHCR and Asylum Aid, Mapping Statelessness in the on the political agenda. Consequently, Many stateless persons identify with United Kingdom, November 2011, available at: http://refworld. org/docid/4ecb6a192.html. state authorities may not deem it the country of their birth, descent, and

42 UNHCR Statistical Yearbook 2013 Stateless Persons habitual residence to the extent that they stateless can be a very difficult exercise, do not see themselves as being stateless. and that ultimately protection and the Even if they do, there is often reluctance reduction of statelessness must be at the to draw attention to this, due to the obvi- heart of all such actions. ous disadvantages associated with state- lessness, which can range from bureau- WHAT CURRENT STATISTICAL cratic difficulties, to barriers to access- REPORTING ON STATELESSNESS SHOWS ing socio-economic rights, to increased As stated at the outset, statelessness is vulnerability to arrest and detention. This a problem of global proportions. That means that data collection that relies on is immediately apparent from current self-identification, as is often the case in statistical reporting on the issue: the to- a national population census, may not be tal number of persons accounted for in entirely accurate. Instead, more sophisti- UNHCR’s statelessness statistics is about cated methods by means of suitable prox- 3.5 million.58 Moreover, despite steady im-

IN MOST COUNTRIES, STATELESSNESS IS NOT HIGH ON THE POLITICAL AGENDA. CONSEQUENTLY, STATE AUTHORITIES MAY NOT DEEM IT IMPORTANT TO PUT IN PLACE MEASURES TO IDENTIFY STATELESS PERSONS AND ENHANCE THE ACCURACY OF THEIR FIGURES ON STATELESSNESS.

ies and complementary surveys are need- provement in statistical reporting, many ed to achieve better results. situations of statelessness continue to go As explained, the categorization of unreported or are underrepresented in individuals as stateless or otherwise is the figures. For instance, 19 countries in not always a straightforward exercise. this Yearbook are currently marked with Undocumented persons and those who an asterisk, signifying the presence of a are of undetermined nationality may be at significant but as yet unquantified state- risk of statelessness and, indeed, some are less population.59 Taking this into account, likely to already be stateless. In a migratory UNHCR estimates the actual total global context, a presumption that such persons non-refugee stateless population today to could be stateless, and giving them the op- be at least 10 million persons. portunity to be identified as such in line A closer look at the country-level data with international guidance, is likely to en- shows that, at the end of 2013, 20 countries hance protection.57 reported a figure of over 10,000 stateless When such persons are in their own persons. The total number of stateless per- countries, however, they will almost always sons counted in this limited set of coun- receive greater protection if confirmed to tries is roughly 3.4 million, or 98 per cent of be nationals. In such situations, the ‘state- the number of stateless persons reported less’ label can be counter-productive. in UNHCR statistics globally. Less than Consequently, for persons in their own 84,000 stateless persons are spread across countries it is better to begin with a pro- the remaining 55 countries for which a fig- cess that scrutinizes nationality law and ure on statelessness is reported. Of the 20 57 The process of statelessness status determination in policy and their implementation against countries that report a figure over 10,000, the migration context may also lead to the establishment international standards. seven are in , six in Asia and the of nationality – i.e. the person concerned may be found to be a national of country x, resulting in the prevention of However, even in such situations, where Pacific, four in the and North statelessness and enjoyment of national protection. the denial of documentation is long-last- , two in sub-Saharan Africa, and 58 Data from some countries also include persons of ing (even inter-generational), there could one is in the Americas. Of the additional ‘undetermined nationality’ who may, if nationality verification or statelessness determination were to be carried out, be come a point when it is better to acknowl- 19 countries UNHCR has marked with an confirmed as nationals of a particular country rather than found edge that the person is stateless, rather asterisk, nine are in Asia and the Pacific, to be stateless. 59 In the first set of statistical reporting on statelessness than leaving him or her in the limbo of six in sub-Saharan Africa, three in the in UNHCR’s 2004 Global Trends there were 11 countries having no legal status. These complexities Middle East and North Africa, one is in the marked with an asterisk, so this number has increased as new populations affected by statelessness are discovered but mean that identifying and counting the Americas, and none are in Europe. continue to elude reliable statistical reporting.

UNHCR Statistical Yearbook 2013 43 Stateless Persons

In terms of absolute numbers, most of the STATISTICS FOR DIFFERENT COUNTRIES ARE COMPILED FROM DIFFERENT persons UNHCR reports as falling within DATA SETS USING its statelessness mandate can be found in DIFFERENT METHODOLOGIES Asia and the Pacific (1.4 million reported). Collecting data on statelessness is the pri- Sub-Saharan Africa and Europe, which mary responsibility of governments, in or- come in second and third, respectively, der to implement their international obli- both report approximately half the num- gations. But this work may also be carried ber of stateless persons found in Asia and out by other actors, either in support of the Pacific. The latter also has the highest this goal or in the execution of their own reported number of countries significantly work. UNHCR collates this data to offer a affected by statelessness. Numerically, global snapshot of the available statistics statelessness affects the least number of on statelessness. It has already been noted individuals in the Americas (210,000 per- that gathering data on statelessness is a sons reported), where jus soli conferral complex task. The fact that it is shared by of nationality to all children born in state different actors, in different places, leads territory helps to prevent statelessness to a variety of approaches, and not all of from arising or spreading. Statelessness is these are able to deliver the same level of the most thoroughly mapped in Europe reliability or to produce comparable data. (670,000 persons reported), where Some official statistics produced by UNHCR does not indicate any significant governments, for instance, do not disag- stateless populations for which it does not gregate the data such that stateless per- have a figure. sons are identified separately from refu- gees or from persons of unknown nation- WHAT CURRENT STATISTICAL ality. This could lead to both over- and un- REPORTING ON STATELESSNESS der-reporting on statelessness. For some DOES NOT SHOW countries this number includes persons of The data collated by UNHCR on the num- ‘undetermined nationality’ (e.g. in ), ber of persons exclusively under its state- even though not all such individuals will lessness mandate fills in only part of the actually be stateless,61 while in others it picture of the global stateless population. does not (e.g. in the Netherlands).62 The following reflects on some of the gaps Some figures may include a number and challenges. of stateless refugees, even though it is UNHCR can now report data – drawn UNHCR’s policy to report such persons from government, UN, and other sources only in its refugee statistics.63 This may – on the number of stateless persons in 75 have taken place because the methodol- countries. This is a distinct improvement ogy used to collect the data simply does over the state of statelessness statistics a not account for different types of resi- decade ago, when this data covered only dence or protection status. Some figures 41 countries. Nevertheless, statelessness are based on census data, the accuracy remains unmapped in over 50 per cent of and currency of which are affected both States. While the problem may not exist on by the challenge of relying on self-identi- a significant scale in all of these countries, fication as a means to count stateless per- there is no denying that the data remain in- sons and by the fact that a census is usu- complete and many cases of statelessness ally carried out only every 10 years. 64 Data

60 UNHCR, Global Action Plan to End Statelessness do not appear in the statistics. can become outdated between census ex- 2014–2024. At a macro level, this problem is miti- ercises, thus potentially failing to reflect 61 See introductory note of Annex Table 7. gated by the extrapolation of an estimate newly emerging situations of statelessness 62 Around 2,000 persons are registered as stateless in the population registers in the Netherlands, but a further 80,000+ for the actual number of stateless persons as well as efforts to reduce the number of are registered as being of ‘unknown nationality’, in part due globally (i.e. at least 10 million, while just cases through conferral of nationality. to procedural difficulties in establishing statelessness for the purposes of registration. Advisory Committee for Migration 3.5 million are accounted for in country- Some statelessness figures are based Affairs, No country of one’s own. An Advisory Report on treaty level data). At a regional and country level, on a specific data-collection exercise protection for stateless persons in the Netherlands, December 2013, English summary available at: http://www.acvz.org/ however, greater effort is needed to fill in that targets only part of the country or publicaties/summaryREPORT39.pdf. the gaps in statistical coverage. The goal set only a specific stateless population with- 63 See further below. by UNHCR as part of its 10 actions in the in the country. Examples of this include 64 According to the footnotes in Annex Table 7, several of the figures included in this Yearbook were actually drawn from Campaign to End Statelessness – of achiev- Myanmar, where only stateless Rohingya a 2009 (Azerbaijan), 2010 (Russian Federation and Tajikistan), or ing quantitative data coverage for 150 states who were encountered in a survey con- 2011 population census (multiple countries, including Croatia, Czech Republic, and Poland). by 2024 – is therefore a welcome one.60 ducted in three townships in Rakhine state

44 UNHCR Statistical Yearbook 2013 Stateless Persons are included. Excluded from this process, mandate. UNHCR has taken this approach a protracted and at times political issue. then, are an estimated 500,000 additional since it first started to report country-by- This confirms both the importance of stateless Rohingya found elsewhere in country data on statelessness, and there identifying such situations and the fact the country,65 as well as any of the other certainly is an attraction to it. that it does not make sense to wait to act populations affected by statelessness in Usefully, it allows the agency to flag decisively on statelessness until the prob- Myanmar. 66 This limitation is acknowl - problems of statelessness and identify lem has been comprehensively mapped. edged in a footnote in UNHCR’s stateless- countries where the response to state- Rather, initiatives to protect stateless ness statistical table, which points out that lessness perhaps needs to be stepped up, persons, and to prevent and reduce state- the number refers to ‘Muslim residents of while avoiding the publication of unreli- lessness, should continue and be further northern Rakhine State’. able or unverified data that could give a strengthened while also paying due atten- Another example is the Dominican false impression of the situation. UNHCR tion to opportunities to better identify Republic. Here, the number of 210,000 presents its statelessness data in the form and quantify statelessness. stateless persons accounts for only the first of a table, without room for more than a Looking beyond UNHCR’s reporting on generation of persons of Haitian descent footnote’s explanation per country. This statelessness to alternative data sources, born on Dominican soil who have been left means that there is no space to discuss the it is possible to make at least a small start stateless following a Constitutional Court likely range of the stateless population or on filling in some of the gaps in countries ruling stripping them of nationality. There to comment on whatever estimates may that currently have asterisks as placehold- is no data available on the second and third be available for the number affected. So, ers, even if this only means identifying a generations, which have been simultane- even if there are some data on the poten- range of estimates for a given country. ously affected and yet are not included in tial magnitude of statelessness within one For instance, it is evident that stateless- the current statistics.67 of the ‘asterisk countries’, these are – un- ness affects tens of thousands of people The methodological difficulties of derstandably – not included alongside the at least in countries such as Lebanon and compiling statelessness data across dif- rest of the global statistics, to avoid mis- Zimbabwe. Estimates for the total state- ferent countries have led to several situa- representing the scale of the issue. less population in the former range from tions where the number of stateless per- The asterisk disappears, however, when 80,000 to 200,000;68 in the latter, from sons reported substantially under-repre- the data are transposed from UNHCR’s 80,000 to 600,000.69 While a precise sents the true scale of the problem. It is statelessness-specific table to Annex quantification of the problem is not pos- valuable to continue to include such data Table 1, in which UNHCR compiles all of sible on the basis of such widely ranging in UNHCR’s overviews of country statis- the figures for its populations of con- estimates, this information does show tics, even when it only tells a part of the cern. In the latter table, the asterisks are that, collectively, the asterisks in UNHCR’s statistical story. It is also helpful that, in replaced by dashes (-), indicating that ‘the table represent a massive number of many cases, these partial data are noted value is zero, not available, or not applica- stateless persons who are not presently through the inclusion of a footnote (as ble.’ The countries believed to be home to accounted for in global statistics. Looking for Myanmar). Yet it would be beneficial a significant stateless population, then, do at these numbers helps to explain why if such countries were identified consist- not stand out from those states for which UNHCR has estimated that, despite only ently, i.e. in all cases, through an explana- no data for or problem of statelessness accounting for some 3.5 million persons tory footnote that clearly indicates that has been flagged at all. This arrangement under its statelessness mandate, the total only partial data are available. should change, to ensure that countries number of stateless persons globally is ac- with significant stateless populations are tually over 10 million. COUNTRIES WITH KNOWN also indicated in the main overview. STATELESSNESS PROBLEMS, BUT NO What is also of interest with respect to ONLY PERSONS EXCLUSIVELY UNDER RELIABLE FIGURE, ARE INDICATED UNHCR’S STATELESSNESS WITH AN ASTERISK IN UNHCR’S the ‘asterisk countries’ is just how long a PROTECTION MANDATE ARE REPORTED STATISTICAL COMPILATIONS state can remain in this category. Of the IN ITS STATELESSNESS STATISTICS Wherever UNHCR has ‘information about 19 countries currently marked with an as- UNHCR has put a separate program- stateless persons but no reliable data’, terisk in the Yearbook, five were already ming and budget structure in place to these countries are marked with an as- flagged in this manner in 2004 and 10 in operationalize its distinct statelessness terisk (*) in Annex Table 7, which identi- 2005. This shows that the lack of reli- mandate. To ensure that data are made fies persons under UNHCR’s statelessness able data on statelessness can, itself, be available in a way that effectively informs

65 Fortify Rights, Policies of Persecution. Ending abusive state policies against Rohingya in Myanmar, February 2014, available at: http://www.fortifyrights.org/downloads/Policies_of_ Persecution_Feb_25_Fortify_Rights.pdf. 66 See, for instance, IRIN report ‘The Forgotten Ghurkhas of Burma’, 20 May 2014, available at: http://www.irrawaddy.org/burma/forgotten-gurkhas-burma.html; Report of the High-Level Committee on the Indian , 2001, page 60, available at: http://www.indiandiaspora.nic.in/diasporapdf/chapter20.pdf. 67 See United Nations Population Fund, Primera Encuesta Nacional de Inmigrantes en la República Dominicana [First National Survey of Immigrants in the Dom. Rep.], available at: http://countryoffice. unfpa.org/dominicanrepublic/2013/05/02/6672/primera_encuesta_nacional_de_inmigrantes_revela_el_volumen_de_la_poblacion_de_origen_extranjero_residente_en_el_pais/. The full report is available at: http://countryoffice.unfpa.org/dominicanrepublic/drive/ResumenENI-2012II.pdf. 68 Frontiers Ruwad, Invisible Citizens: Humiliation and a Life in the Shadows. A Legal and Policy Study on Statelessness in Lebanon , 2011. 69 Refugees International, Lives on Hold. The Human Cost of Statelessness written by M. Lynch, 2005; K. Ridderbos, ‘Stateless former form workers in Zimbabwe’ in Forced Migration Review, 32, 2008, available at: http://www.fmreview.org/FMRpdfs/FMR32/73.pdf.

UNHCR Statistical Yearbook 2013 45 Stateless Persons

Fig. 3.2 Global stateless population within UNHCR mandates

The total global stateless population

The stateless population within UNHCR’s protection mandate (including refugees, asylum-seekers and IDPs)

The stateless population exclusively within UNHCR’s statelessness protection mandate (i.e. non-refugees, asylum-seekers or IDPs)

strategies to address statelessness under see the full magnitude and spread of the Looking at stateless groups that fall un- this part of its mandate, and to avoid dou- statelessness phenomenon. der the mandates of other UN agencies ble counting of populations of concern, The Rohingya are a good case study to adds a further massive number of state- UNHCR’s statistical reporting indicates demonstrate the statistical complexities less , registered by only the number of persons under its that emerge when one group has multi- UNRWA, who are also not reflected in statelessness mandate. To reach the total ple protection needs. While according UNHCR’s statistical reporting as refugees figure for persons of concern to UNHCR, to some estimates there are 1.33 million or stateless persons.73 this number is added to those from the Rohingya within Myanmar,70 another 1–1.5 Excluding these other stateless popu- other population categories (refugees, million Rohingya live outside the coun- lations from the global statelessness sta- asylum-seekers, IDPs, etc.). try.71 Of the total global Rohingya popula- tistics can create confusion with regard Thus, while international law defines tion of an estimated more than 2.5 million to the situation of particular popula- a stateless person as anyone who is ‘not (of which a significant majority are state- tions, as well as the application of inter- considered as a national by any state un- less), only 810,000 are counted as state- national standards. For example, since der the operation of its law’, in UNHCR’s less in the UNHCR statistics.72 The fol - the onset of the Syrian crisis, the num- statistical compilation on statelessness, lowing groups are not included: Rohingya ber of stateless persons reported in the several categories of stateless persons refugees and asylum-seekers or those in country has dropped from 300,000 at are not counted as stateless. This includes a refugee-like situation who are included the start of 2011 to 160,000 at the end of those who also fall within the protection in UNHCR refugee statistics, Rohingya in 2013. Only part of this reduction is due to mandates of other agencies of the United a refugee-like situation who are not in- Nations (at present, only UNRWA) and cluded in UNHCR’s refugee statistics, and 70 Fortify Rights, Policies of Persecution. Ending abusive those who also come under UNHCR’s oth- Rohingya asylum-seekers whose registra- state policies against Rohingya Muslims in Myanmar, February er protection mandates (such as refugees, tion is still pending. 2014, available at: http://www.fortifyrights.org/downloads/ Policies_of_Persecution_Feb_25_Fortify_Rights.pdf. asylum-seekers, and to some extent IDPs). There is also uncertainty as to wheth- 71 This includes some 31,000 registered Rohingya refugees Figure 3.2 demonstrates the significance er and how Rohingya IDPs in Myanmar (of in Bangladesh and another 37,000 registered in , but also an estimated further 300,000–500,000 unregistered of this approach to the statistical picture whom there are an estimated 140,000) Rohingya refugees in Bangladesh according to the Government, on statelessness globally. and Rohingya resettled refugees (likely to a few thousand unregistered in Malaysia and in Thailand, tens of thousands in Pakistan, and hundreds of thousands in Saudi Even if UNHCR’s statistical report- be a small group due to the lower num- Arabia, as well as more scattered across a number of other ing were to capture reliable data for all bers of resettlement) are represented countries. See, for instance, the records of a Parliamentary debate in the United Kingdom, answers given by Ian Pearson countries, then, it excludes from its state- in the statelessness statistics. And the based on information from UK missions, on 1 February 2006, lessness statistics a significant number Rohingya are not the only stateless group available at: http://www.publications.parliament.uk/pa/ cm200506/cmhansrd/vo060201/text/60201w16.htm. of persons who are stateless as a matter that suffers displacement and persecu- 72 A full account of the challenges with respect to reporting of international law. While this does not tion. There are other significant groups on stateless Rohingya populations is given in the report The World’s Stateless. mean that such individuals are not count- of stateless refugees who are also ‘count- 73 See UNRWA in Figures, available at: http://www.unrwa. ed somewhere, it does make it difficult to ed’ only in UNHCR’s refugee statistics. org/sites/default/files/2014_01_uif_-_english.pdf.

46 UNHCR Statistical Yearbook 2013 Stateless Persons efforts to resolve the situation, namely nationality. The others remain stateless, the 1961 Convention on the Reduction through the naturalization of a segment but are now counted only as refugees. of Statelessness and the Convention on of the stateless group on the basis of a It is important to remember that the Rights of the Child, apply to all situ- specially adopted decree. Some of the for them and other groups of stateless ations in which statelessness threatens. decrease in numbers comes as the result refugees, as well as stateless persons of UNHCR’s mandate to prevent, reduce, of forced displacement prompted by the Palestinian origin, their statelessness is and end statelessness extends to state- conflict. A closer look at how the figure still a relevant fact with respect to their less refugees, as well. This speaks in fa- has shifted indicates that only around treatment under international law. For vour of finding ways to include all state- half of those who no longer appear in the instance, safeguards on the avoidance less persons in some manner within glob- statelessness statistics have acquired a of statelessness, such as those found in al statistical reporting.74

CONCLUSION

The question of how many stateless per- higher, due to the data gaps that were context of achieving a more comprehen- sons there are in the world is not an easy identified and could not be filled. sive statistical picture of statelessness one to answer. UNHCR reports at least There are several large-scale situa- globally. It is important to remember that 10 million persons under its statelessness tions of statelessness that still entirely while the quest for clarity on the magni- mandate, of which it has been able to col- elude statistical coverage, such as India, tude of statelessness is a fascinating, com- late country-level statistics from different Pakistan, and the Democratic Republic of pelling, and useful one, it should not be sources that account for 3.5 million per- the Congo. Further, it is likely that some of all-consuming. Having comprehensive and sons. While the Institute on Statelessness the low-end estimates are too conserva- accurate information about who is affect- and Inclusion confirms that the figure of tive and do not represent the true scale of ed by statelessness, and where, is a means 3.5 million significantly under-represents the problems. It is clear that UNHCR’s esti- to an end, not an end in itself. the scale of the problem, it found esti- mate of ‘at least 10 million’ persons exclu- Better data will undoubtedly help mates in other sources that would ac- sively under its statelessness protection in the Global Action Plan to End count for an additional approximately 2.5 mandate is well founded. There are also Statelessness by 2024. But the prior- million stateless persons. at least 1.5 million stateless refugees and a ity needs to rest firmly with addressing, This figure includes, among others, significant number of Palestinian refugees not just mapping, the issue. Ultimately, an estimated 81,000 stateless persons in whose nationality status remains unclear any statistical reporting on stateless- Bhutan, at least 60,000 in India, 80,000– (the majority falling under UNRWA’s man- ness serves a wider purpose, increasing 200,000 in Lebanon, over 500,000 cur - date but some under UNHCR’s refugee our understanding of the extent of the rently unreported in Myanmar, 10,000– mandate). When this is all tallied up, there phenomenon. In turn, this allows us to 100,000 in the United Arab Emirates, are likely to be millions more stateless make plans to address statelessness by upwards of 86,000 in Uzbekistan, and persons worldwide today. protecting the stateless, preventing fu- 80,000–600,000 in Zimbabwe. 75 There Despite the wider desk research, not ture statelessness, and reducing and ulti- are also approximately 2.1 million per- all statistical gaps were able to be filled. mately ending all existing statelessness. • sons of Palestinian origin, who were These can only be closed through a holis- never displaced from the West Bank or tic approach that invests substantial re- and whose nationality sta- sources into counting the stateless; train- tus remains ambiguous in the absence ing people to do so accurately; conducting of Palestinian nationality regulations. new field research and mapping exercises; This brings the tally of stateless persons and improving existing identification, sur- who are currently in some way statisti- vey, and data-collection methodologies. cally accounted for, or ‘visible’, to over This section has highlighted some of eight million. The true number of state- the operational and methodological chal- less persons is likely to be significantly lenges that must be considered in the

74 For a further discussion of the drawbacks of boxing individuals into just one definitional category or another, see Amal de Chickera, A stateless person, a refugee and an irregular migrant walk into a bar… July 2014, available at: http://www.statelessness.eu/ blog/stateless-person-refugee-and-irregular-migrant-walk-bar%E2%80%A6. 75 Note that the overall tally of 2.5 million is based on the lowest-end estimates and does not encompass any populations for which no estimates are available whatsoever. For a full presentation of these statistics, please see the report The World’s Stateless.

UNHCR Statistical Yearbook 2013 47