3
of Stateless Persons (1954) and the Convention on the Reduction of Statelessness
(1961) appear to acquire even greater relevance nowadays, given the disturbing
persistence of cases of loss of nationality and statelessness.
9.
The 1954 Convention sought to protect stateless persons, without attempting to
be a substitute for the attribution and acquisition of nationality. The 1961 Convention
seeks the attribution and acquisition or retention of nationality, to reduce or avoid
statelessness. It incorporates general principles of relevant international law, which
have been a source of inspiration for both new international instruments (such as the
1997 European Convention on Nationality) and new national laws on nationality. I
consider that the 1961 Convention pronounced one of those general principles that
belong to both international treaty-based law and general international law when it
determines in its Article 1(1), that "each Contracting State shall grant its nationality to
the persons born within its territory who would otherwise be stateless,” the mentioned
1961 Convention states, in my opinion, one o those general principles of treaty-based
and general International Law.
II.
The legal response to the disturbing diversification of
the manifestations of statelessness
10.
Despite normative progress in this sphere, it is regrettable that the causes of
statelessness continue to exist and are perhaps compounded nowadays, insofar as they
are sometimes combined with current population displacements (intrinsic to the socalled “globalized” world in which we live). Among the causes of statelessness are
situations and practices such as those revealed in this Case of the Yean and Bosico
Children versus the Dominican Republic (in which the children Dilcia Yean and Violeta
Bosico, whose mothers are Dominican and whose fathers are Haitian, were deprived of
nationality and remained stateless for more than four years and four months), in
addition to other causes, such as conflicts concerning laws on nationality, laws on
marriage (particularly, with regard to married women), situations of children who have
been abandoned and whose births have not been registered, and discriminatory
administrative practices. 6
11.
The persistence of causes of statelessness constitutes a disturbing picture,
because the possession of a nationality is a basic requirement for the exercise of other
individual rights, such as political rights, and the right of access to education and
healthcare, along with so many others. Nowadays, the de jure stateless persons are
joined by the de facto stateless persons, i.e., those who are unable to prove their
nationality, and those without an effective nationality (for the effects of protection).
Nowadays, the de facto stateless persons – whose registration documents have often
been confiscated or destroyed by those who control and exploit them – are multiplying,
owing to the barbarian practice of the “invisible” trafficking of human beings (especially
children and women) throughout the world.7 This is a widespread contemporary
tragedy.
6
.
For example, transfers of territory (in cases of dissolution or succession of States and changes in
borders), loss of nationality owing to de-nationalization, loss of nationality through waiver without prior
acquisition of another nationality.
7
.
Cf., e.g. R. Piotrowicz, "Victims of Trafficking and De Facto Statelessness", 21 Refugee Survey
Quarterly - UNHCR/Geneva (2002), pp. 50-59.