The UN
Refugee Agency, alongside Asylum Aid published a report in November
2011 named ‘Mapping Statelessness in the United Kingdom’,
highlighting the struggles faced by the ‘stateless’ individuals
in the UK. A stateless individual is defined by the 1954 Convention
on the Status of Stateless Persons as a ‘person who is not
considered as a national by any state under the operation of its
law’. This report aimed to highlight the current problems faced by
such ‘stateless’ individuals and make some recommendations as to
how their position can be improved.
Despite the
United Kingdom's efforts to protect stateless individuals with the
ratification of the 1954 Convention, the report still emphasizes some
disturbing realities that take place on a daily basis. One of the
most fundamental problems faced by stateless individuals is that
there is an absence of any formal
procedure for which they can apply for their statelessness to be
recognized. This has grave
practical consequences; with no identity documents, the stateless
individual is unable to leave the country. This lack of formal
procedure, combined with no leave to remain within the UK, means that
individuals are more at risk of having their human rights breached.
This is due to the fact that without any formal status they are more
likely to be left without residence or separated from their family.
However, due to a lack of data surrounding the issue of
statelessness, the UN Refugee Agency and Asylum Aid were unable to
gain a realistic picture of the scope of such problems in the UK.
Nonetheless, it is suggested that these issues already affect many.
Consequently,
the report makes some important recommendations to the government and
Home Office based on the problems discussed, including a proposal for
the introduction of a formal procedure by which stateless individuals
can be identified and calls for the reformation of current UK
stateless persons law to ensure that it is compatible with human
rights declarations. Whilst at present the government does not appear
to have acted on these recommendations, it is hopeful that the report
will act as the catalyst for such overdue change.
By Ruth Hartley
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