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The Impact of Statelessness in Italy, Portugal and Spain

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The Impact of Statelessness in Italy, Portugal and Spain THE IMPACT OF STATELESSNESS IN ITALY, PORTUGAL AND SPAIN 1 THE IMPACT OF STATELESSNESS IN ITALY, PORTUGAL AND SPAIN Contents KEY FINDINGS 3 INTRODUCTION 6 STATELESSNESS: DEFINITION, CAUSES AND IMPACT 12 THE IMPACT OF STATELESSNESS ON ACCESS TO HUMAN RIGHTS IN ITALY, PORTUGAL AND SPAIN 17 KEY FINDINGS CONCLUSIONS 31 Statelessness is a violation of human rights that affects millions of people worldwide and entails a strong potential to lead to further human rights violations. Stateless people can be found in all regions of the world, including in the European Union. The impact of statelessness can be extremely severe, hindering access to fundamental human rights that are usually taken for granted while contributing to keep entire communities invisible and marginalized from the rest of society. In the second half of 2017 and in early 2018, the UNHCR Regional Office for Southern Europe (ROSE) con- ducted a participatory assessment with stateless persons, persons at risk of statelessness, formerly stateless “Statelessness is a profound violation persons, civil society and authorities in Italy, Portugal and Spain. of an individual’s human rights” Drawing from the testimonies of the persons consulted, this report examines how statelessness affects access to fundamental rights, with particular attention to how it can pose an often insurmountable barrier to obtaining an Antonio Guterres, UN Secretary-General, education, renting a house, registering property, finding formal employment, having full access to health and social former UN High Commissioner for Refugees protection schemes, moving freely or starting a family. It exposes the concrete impact of statelessness on the daily Cover photo: Nelson, Portugal lives of the persons affected, revealing how it can create challenges that prevent them from achieving their full © UNHCR/J. M. Ribeiro potential and playing an active role in society. It conveys the stories and the voices of the persons who participat- ed in the consultations, highlighting the urgency In order to protect identities, the names of some of the individuals of addressing the injustice of statelessness and Give a man a fish and you will referred to in this report have been changed. of guaranteeing stateless persons full access to feed him for a day, teach a UNHCR would like to express its gratitude to the individuals who fundamental rights. participated in the consultations that formed the basis for this report. man to fish and you will feed Participant’s tenacity in their ongoing struggle to access fundamental EDUCATION rights and to be recognized as citizens inspired all members of the him for a lifetime. research team immensely. Despite compulsory education being univer- UNHCR’s work to end statelessness will benefit from the invaluable sally accessible in Italy, Portugal and Spain, Ahmed, Spain information and insights shared. UNHCR’s consultations with stateless persons found that they still faced challenges when pursuing their education, especially when undocumented. In some Published by UNHCR cases, they were not allowed to sit for final exams and so encountered problems with obtaining certifications or Regional Office for Southern Europe degrees. Without proof of their studies, they could not proceed to higher education and eventually achieve bet- ter employment outcomes, which prevented them from reaching their full potential and fuelled frustration and June 2019 exclusion. Even though some of the persons with whom UNHCR spoke were successful in obtaining recognition 1 For information about how to get involved and support the #IBelong of their statelessness status or were able to acquire a nationality , they still noted that finding themselves Campaign, please visit: www.unhcr.org/ibelong behind their peers in the education system left them too discouraged to resume studying. 1 The terms “nationality and “citizenship” are used interchangeably in this Report. Graphic design: Evoluzione Stampa 3 THE IMPACT OF STATELESSNESS IN ITALY, PORTUGAL AND SPAIN EMPLOYMENT Low-skilled informal jobs, risk of exploitation, unsafe working conditions, lack of social safety nets and subsistence-level wages When you say I cannot plan my life, are all part of the daily life of most of the stateless persons to build a family. whom UNHCR spoke. Many shared their constant frustration at ‘stateless’, FAMILY LIFE being forced to rely on precarious jobs in the informal markets potential Josemar, Portugal or at being unable to land a job that matched their skills. Being Many of the persons consulted who had started a fam- ily shared their worries about their children’s future, denied the possibility to pursue the future they had imagined for employers rule you SOLUTIONS themselves took a considerable emotional toll on many of the per- fearing it would be marred by statelessness. When ex- sons consulted, especially on those who were performing skilled out. isting legal safeguards against statelessness at birth The testimonies collected for this report confirm that jobs before finding themselves stateless. Even when approaching Dari, Italy fail to take effect in practice, statelessness is passed statelessness takes an extremely high toll in terms retirement, the predicament of stateless persons continues. De- from parents to children, and so another generation of access to fundamental rights, affecting the possi- spite having worked all their life, in many cases they could not risks being trapped in a cycle of poverty and margin- bility to study, find an adequate job, move freely or accumulate a pension and are exposed to additional vulnerability alization. In certain cases, the hardships and obstacles have a family. While statelessness is a human rights during old age. posed by statelessness proved too much for some of violation in and of itself, it also inevitably results in Nothing is more the persons interviewed, who gave up on the desire to further human rights violations and hinders an individ- HEALTH build a family in the first place. ual’s opportunity to realize his or her full potential and important than actively contribute to society. Formal statelessness Although access to healthcare – or at least emergency health- FREEDOM OF MOVEMENT care – is generally guaranteed to everyone in the three countries the protection status recognition instilled hope in the persons con- visited, stateless persons may face limited access in practice. The of vulnerable When asked about the impact of statelessness on sulted who managed to obtain it, but they all agreed stateless persons consulted highlighted how different factors, their movements, the persons consulted for this re- in considering this only a first step and not the goal. In almost all cases of statelessness, the best solution is including lack of information, social marginalization and cost of persons. port noted their ongoing fear of being stopped and for persons to be given the nationality of the country services, hindered their effective access to healthcare. In some questioned by police, as well as fear of being detained with which they have the strongest ties. cases, these barriers led to stateless persons’ health issues left Nelson, Portugal or even expelled to a country where they have no ties. unaddressed. Forced to limit their movements even within their own Improving the identification and protection of state- city, travelling abroad is something about which many less populations, preventing new cases from emerg- HOUSING AND PROPERTY stateless persons can only dream. Paradoxically, the ing and effectively addressing existing situations of In many cases, statelessness and the lack of nationality docu- I have often this harsh reality for many of the persons consulted means statelessness are among the key goals of UNHCR’s ments forced the persons consulted to turn to the informal hous- that they are prevented from stepping outside the #IBelong Campaign to End Statelessness by 2024. To ing market, emergency shelters or illegal squats. All these solu- feeling that when borders of a country where their stay is considered achieve this, UNHCR urges States in Southern Europe tions normally offer substandard conditions and limited security dealing with irregular, despite it being the only place they can call to take the following steps in line with the Global Ac- of tenure, with significant risks of eviction and homelessness. home. tion Plan to End Statelessness: Moreover, even when in possession of the necessary documenta- stateless persons, tion to sign a contract, stateless persons faced prejudice, mistrust they make I live in constant fear of the police. and misunderstanding of their legal status, which made it difficult simple things to rent a house in the formal private market. In addition to limiting I am afraid they will send me to a country housing prospects, statelessness often hindered access to prop- unnecessarily where I have nothing, with which I have no ties. erty rights in general, thwarting attempts to acquire goods and complicated. services that most people take for granted, such as purchasing a Marinela, Portugal car, a telephone SIM card or opening a bank account. Anton, Italy 4 5 THE IMPACT OF STATELESSNESS IN ITALY, PORTUGAL AND SPAIN © Olmo Calvo/UNHCR © Olmo Calvo/UNHCR Said, Spain Only when you have INTRODUCTION a nationality are you a While the exact number of stateless people is un- known, it is estimated that millions of people are state- free person. less worldwide2. A stateless person is a person who is Dari, Italy not considered as a national by
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