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Every human round the world has his right to have a
nationality. So statelessness carries on to be a main cause of injustice,
forced displacement, exploitation, and discrimination round the world. Statelessness
is having no state, and statelessness people are actually not being recognized
by any state. Therefore, they have no rights as a member of a state. The
statelessness issue is usually comes as a result of legal or political issue.
Unfortunately, it has a highly negative impact especially
on children, women, old people, and ethnically diverse people. Therefore, it
has serious negative humanitarian effects for those who have no state, for
example, they do not have any legal protection or any right to political
participation, rather thanextreme poverty, inadequate and poor access to
healthcare and education, highly travel restrictions, complexity to own
property, sexual and physical harassment or violence, and poor employment
prospects.

States have the sovereign right to decide the processes and conditions for acquirement and suspension of citizenship, however statelessness and
disputed nationalities can only be addressed by the states regularly violate
citizenship and protection norms. Up to date, 89 states have adopted by the United
NationsConference on the Status of refugees and Stateless Persons which first
held in the 1954 and entry into force in June, the 6th 1960 (UNTC
2018).According to UNTC (2018) only 29 states were party to the 1961
Conventionwhich aimed to reduce Statelessness.

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A number of individuals suffer from the negative impact of
statelessness. Refugees International (2018) states that “Themost recentfigures
from the UN Refugee Agencyshow that in 2016, more than 65 million peoplewere
forced from their homeby wars, conflicts, and persecution — more
thanat any other timesince records began.”Most of these people are from some of
the ethnic groups of Thailand, Burma and Sri Lanka Muslims’ minorities, Soviet
bloc, the Bhutanese in Nepal, Palestinians,Saudi Arabia, and in several African
states. Sadly, the list is very long despite we are now in the 2018.

 The Status of Stateless
People according to the 1954 Conventionare 
people who are not recognized by any state as having any of the rights
attached to have legal bond of nationality. Stateless people are unlike
refugees and displaced individuals since they have no benefits like protection
and assistance from any aid agencies, different governments and the UN. More
than 14 years ago the Refugees International made a global assessment mission
of the statelessness growing problem. The results were disastrous since 250,000
stateless Biharis who live in extremely hard conditions and both Pakistan and
Bangladesh refuse to offer them their citizenship. The same problem with the
Bidoon who live in the United Arab Emirates in a small shanty shacks. Also, a
number of Russian speaking minorities who live in Estonia are left behind after
the Estonian entrance to the European Union. The Russian have to speak the
Estonian language in order to gain the citizenship and that was a great
challenge to nearly 160,00 Russian residents. Another catastrophic dilemma,
UNHCR’s reports indicates that there are more than 6.4 million Palestinians
stateless spreading around the world especially in Lebanon, Syria, Jordan, UAE,
the West Bank and Gaza Strip. It is really inhuman situation for the stateless
individuals round the world especially there is no real short or long term
solution in sight.

Stateless persons are extremely vulnerable in the society. UNHCR
stated that more than 15 million stateless persons around the world, most of
them do not have equality and rights like other citizens. Also, they live under
very difficult conditions like poverty, social insecurity, unemployment, no
access to health care and education. A number of these people also experience
violation, exploitation, discrimination and persecution.

The situation of legal protection and treatment of stateless people
shows an examination of the law, morality and human rights of the temporary
world. The regional human rights law and the international human rights law should
protect all citizens and stateless people. Unfortunately, both of the regional
and international human rights laws have not shown an actual protection of
stateless persons. As a result, discrimination, exploitation, and
marginalization of stateless people are inevitable results since these are
linked with statelessness. For example, the Palestinian refugees in Lebanon are
stateless, and the Lebanese government deprives them from the governmental
jobs, owning a property, private business or even study at the community
schools and universities although they live in Lebanon since 1948. So this kind
of treatment always leads to discrimination, exploitation, and marginalization
of the stateless Palestinians who live there since they are a second ranked
inhabitance in the Lebanese society.

In the world today, de-nationalization is the most disgraceful forms
of discrimination. The statelessness problem lies at the center of the tensity
of the internationality of rights and the jurisdiction of the sovereign states over
its territories. So the stateless persons situated out of the framework of the
nation-state that the international relations and the international law ease. This
theses also will raise a debate, by characterizing the major challenges to
guaranteeing the stateless people rights. First, it reviews the provisions
relating to the stateless people status in the 1954 Convention, and the
international procedures which adopted to response and address the
statelessness issue. Despite it has crucial provisions to maintain the
stateless status and their rights, but it has several clear weaknesses.

In this thesis, there will be an attempt to firstly argue that the
protection of stateless people according to the 1954 Convention, and the law of
international human rights can only be efficient in the event that they are
translated in light of current non- discrimination and equality norms. Secondly,
it gives a general review of improvements in global standards in such manner. It
gives special consideration to the way in which human rights standards apply to
all people, paying little heed to nationality or deficiency in that regards, an
issue of unique pertinence to stateless people. It shows how, despite the fact
that the forbidding of discrimination deep-rooted takes into account
refinements in view of nationality, especial consideration must be given to the
rare circumstance that stateless people confront, when measuring the
proportionality between the goal and methods of a distinction in treatment
amongst nationals and non-nationals. Finally, it will address a few key
questions that grow out of the 1954 Convention like how its principles of
equality and non-discrimination may help to find solutions to the problem of
stateless persons as well as the problem of immigration and the method the
states impose to limit of the rights of non-citizens including the stateless
people. It will enhance states to adopt recognition procedures to help stateless
people to be identified, and to make cooperate to response to their rare
situation quickly.

 

It is clear that there is a huge gap between rights and reality.
States should work hard to close this gap. This paper will look in depth at the
issue statelessness through a humanitarian eye, and then provides examples from
different countries, shows a universal review of the case of statelessness, and
provides possible solid recommendations to stop the growing of statelessness in
the world and to globally solve this inhuman dilemma. This study may enhance
the states to involve in the protection of stateless persons, and to respect
their right to have a nationality. It may also enhance the UN (especially the
UNHCR) and the NGOs to evaluate the Status quo and the causes to start serious
positive operational objectives to solve the statelessness problem. Finally,
donor governments should also contribute in solving this problem by funding and
supporting the projects implemented by the UN and the NGOs agencies that may
lead to the protection of stateless people and refugees around the worlds.

Peter McMullin Centre will be encouraged to develop policy
solutions from the study findings and recommendations. Then, providing it to
the competent authorities and agencies like the UN, national governments and
NGOs to ultimately contribute raising their awareness of this inhuman issue,
and to go ahead to stop, reduce and fight this issuefrom its growing and to be
the first institution to contribute in actual positive solution.

 

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