Statelessness

In international law, a stateless person is someone not considered a national by any state. This means no country recognizes them as a legal citizen under its own laws. While some stateless people are also refugees, many have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees (UNHCR) estimated 4.4 million people were stateless or had undetermined nationality. This figure was 90,800 higher than the estimate from 2021. However, these numbers may not tell the whole story. The UNHCR lacks data from at least 22 countries where mass statelessness exists. Additionally, the data excludes "de facto" stateless people. These are individuals who lack legal identification to prove their nationality. The World Bank suggests at least 850 million people fall into this category.

Statelessness often begins at birth due to conflicting nationality laws. Most nations use one of two primary methods to grant citizenship. The first is "jus soli," or the right of soil. This regime grants nationality to anyone born within a state's territory. This method is common in the Americas. The second is "jus sanguinis," or the right of blood. This system grants nationality based on descent from a parent who is a national. Most states in Europe, Asia, Africa, and Oceania use jus sanguinis. A child becomes "born stateless" if they do not meet either requirement. For example, India confers nationality only to children with at least one Indian parent. If a child is born in India to two parents who are not yet naturalized, that child could be stateless.

Gender discrimination in nationality laws is another significant cause. While most states allow parents to pass on citizenship, some do not allow women to do so. As of 2022, women in 24 countries are legally restricted from transmitting nationality to their offspring. This occurs mostly in parts of Africa and Asia. This can result in statelessness if the father is unknown, stateless, or unable to confer nationality. Since 2003, some nations have moved toward sex neutrality in their laws. Algeria, for instance, amended its nationality code in 2005. This change allowed children to receive Algerian nationality from either an Algerian mother or father. The Convention on the Elimination of All Forms of Discrimination Against Women prohibits this kind of sex-based discrimination.

Political shifts and changes in borders can also create statelessness. This often happens through a process called state succession. State succession occurs when a state ceases to exist or its territory comes under new control. This happened after the Soviet Union disintegrated in 1991. Similar situations occurred in Yugoslavia, East Pakistan, and Ethiopia. The Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession is a treaty designed to help. Currently, only seven states have joined this specific convention. Other conflicts also play a role. Between 1947 and 1950, many Palestinians fled Israel. In 1950, Israel introduced a Law of Return for Jewish immigrants. However, this right was not given to the Palestinians who fled, causing many to become stateless.

Administrative and practical obstacles can prevent people from proving their nationality. Some individuals are entitled to citizenship but cannot complete the necessary steps. They might face excessive fees for documents or unrealistic deadlines. Literacy barriers and geographic distance can also make registration difficult. This is especially true in areas facing disruptive conflict. One fundamental tool for preventing statelessness is birth registration. While registration does not automatically grant citizenship, it proves a link to a state. UNICEF estimated in 2013 that 230 million children under age five were not registered. Being "undocumented" is not the same as being stateless. However, a lack of documents like birth certificates can lead to statelessness over time.

In rare cases, people may become stateless by choice through renunciation. This is known as ideological statelessness. Some people seek this status due to political, religious, or philosophical beliefs. For example, Albert Einstein renounced his Württemberg citizenship at age 16 to avoid military service. He later became a Swiss citizen in 1901. Some may also seek statelessness to avoid citizenship-based taxation. However, many states do not allow citizens to renounce their nationality unless they first acquire another. If a person renounces their citizenship without a backup, they may become effectively stateless.

Finally, it is important to distinguish between stateless individuals and stateless nations. A stateless nation is an ethnic group that does not possess its own sovereign state. The term was coined in 1983 by political scientist Jacques Leruez. He used it to describe the position of Scotland within the British state. A modern example is the Kurdish population, estimated between 30 and 45 million people. Members of a stateless nation are not always personally stateless. They often hold citizenship in one or more recognized states. However, they lack a state of their own. This differs from individuals who are not recognized by any government at all.