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themselves in their day-to-day interactions with the state or with private entities.
International travel is almost inconceivable, unless by illicit — and dangerous —
means. Free movement within the state of residence, even if it is where the
person was born and has all of his or her ties, can also be difficult. Arbitrary
arrest and detention, including in the person’s home country, is not uncommon.
In some cases, detention becomes prolonged or even indefinite, if the state is
intent on expulsion, but no other country would allow the person to enter. Where
a stateless person wants to assert their rights, or where they have become a
victim of crime or exploitation, their statelessness can also stand in the way of
accessing justice. 7
31. While citizenship may not exactly be the famous cliché of “the right to have
rights”, 8 written by Hannah Arendt, herself an exiled German Jew deprived of her
citizenship, it is close enough that to be stateless is to find oneself at a locked door,
vulnerable and marginalized, unable to seek shelter or solace from the dangers and
threats of a hostile world. As noted elsewhere, the disproportionate vulnerability of
minorities to statelessness, as a result of State policies and legislation, “can leave
them excluded from state structures, without the right to vote or access basic services
such as healthcare or education. In extreme cases, statelessness may leave them
vulnerable to violence and mass displacement”. 9
32. These dire consequences of statelessness have led UNHCR to conclude, in its
Global Action Plan to End Statelessness 2014–2024, that it would be deeply unethical
to perpetuate these effects to the point that statelessness itself “is a profound violation
of an individual’s human rights” when “solutions are so clearly within reach”. At the
very least, it is clear that, for millions of stateless individuals, usually persons who
are members of a minority, their statelessness is neither coincidence nor accident, but
a direct result of a law, policy or practice in violation of international human rights law.
Extent of statelessness as a minority issue
33. A pattern repeats itself in all regions: the largest groups of stateless persons are
connected to a handful of specific minorities. In Africa, although there are difficulties
in determining the status of numerous population groups owing to a lack of verifiable
data, the vast majority of the continent’s stateless persons are to be found in one
country, Côte d’Ivoire, where they number almost 700,000 and are members of the
Dioula and other minorities. This situation is the result of changes to nationality
legislation in the 1990s. 10 In the Democratic Republic of the Congo, there are also
thought to be many stateless persons, in particular among minorities such as the
Banyamulenge, although precise figures are difficult to obtain. In both countries, the
situation has been one of the main causes of conflict. In the Americas, the pattern
repeats itself: almost all the 210,032 stateless persons whom UNHCR reported in its
statistics for 2013 were found in a single country, the Dominican Republic, and almost
all were members of a single minority, persons of Haitian descent. Some 10,000
persons were able to confirm their, or obtain, Dominican citizenship, and the others
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8
9
10
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Institute on Statelessness and Inclusion, “Impact of statelessness”. Available at
www.institutesi.org/world/impact.php.
The human rights enumerated in various treaties are not, with a few exceptions, limited to
citizens. All persons falling within a State’s jurisdiction or territory, whether citizens or not, are
entitled to the vast majority of human rights recognized in international law. This is also
confirmed by the Human Rights Committee in paragraph 10 of its general comment No. 31
(2004) on the nature of the general legal obligation imposed on States parties to the Covenant.
Minority Rights Group International, “Denial and denigration: how racism feeds statelessness”
(October 2017). Available at http://stories.minorityrights.org/statelessness/home/.
According to UNHCR, some 692,000 individuals were stateless in 2017. See
http://popstats.unhcr.org/en/persons_of_concern.
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