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Statelessness in Ireland – international obligations and national reality

Statelessness in Ireland – international obligations and national reality. National Conference on Statelessness Dublin, 21 st October 2014 Presenter: Hilkka Becker, Senior Solicitor, ICI. Immigrant Council of Ireland - Independent Law Centre. Established in 2001

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Statelessness in Ireland – international obligations and national reality

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  1. Statelessness in Ireland – international obligations and national reality National Conference on Statelessness Dublin, 21st October 2014 Presenter: Hilkka Becker, Senior Solicitor, ICI

  2. Immigrant Council of Ireland- Independent Law Centre • Established in 2001 • Non-governmental organisation • Service provision • Information on rights and entitlements • Advice and Advocacy service • Racist Incidents Report and Referral Service • Service for Citizens Information Service • Independent Law Centre since 2006 • Lobbying/Policy and Research • Education and Training

  3. International Law • Article 15(1) – Universal Declaration of Human Rights:“Everyone has the right to a nationality.” • 1954 Convention relating to the Status of Stateless Persons– ratified by Ireland in 1962 • 1961 Convention on the Reduction of Statelessness – ratified by Ireland in 1973 Reservation:"In accordance with paragraph 3 of article 8 of the Convention Ireland retains the right to deprive a naturalised Irish citizen of his citizenship pursuant to section 19 (1) (b) of the Irish Nationality and Citizenship Act, 1956, on grounds specified in the aforesaid paragraph”.

  4. National Legal Provisions- international protection • Section 2 of the Refugee Act 1996 includes those ‘not having a nationality’ by reference to their place of former habitual residence • Regulation 2 of the European Communities (Eligibility for Protection) Regulations 2006, giving effect to the Qualification Directive 2004/83/EC, contains reference to the former habitual residence of stateless persons

  5. National Legal Provisions- citizenship law • Section 6(3) of the Irish Nationality and Citizenship Act 1956 provides that “a person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country” • Section 16(1)(g) of the Irish Nationality and Citizenship Act 1956: power to dispense with conditions of naturalisation in certain cases, including cases involving a stateless person BUT: no consideration of statelessness ‘ex officio’ (Spila & Ors v Minister for Justice, Equality and Law Reform [2012] IEHC 336, 31st July 2012)

  6. Provisions for Travel Documents • Issuing of Travel Documents by the Irish Naturalisation and Immigration Service (INIS):  “Only persons granted a declaration pursuant to the 1954 Convention relating to the Status of Stateless Persons (Article 28) are entitled to a 1954 UN Convention Travel Document recognising them as such a person.”

  7. Statelessness Determination Procedure? • 2010 ‘Geneva Conclusions’ on Statelessness Determination Procedures and the Status of Stateless Persons: “implicit in the 1954 Convention that States parties identify who qualifies as a stateless person (…) for the purpose of affording them the standard of treatment set forth in the Convention.” • In order to ensure fairness and efficiency, statelessness determination procedures must ensure basic due process guarantees, including the right to an effective remedy where an application is rejected.

  8. Examples of Statelessness - in a migratory context • EU Free Movement – requirement to submit ‘original passport’ • Citizenship – requirement to submit ‘Declaration of Statelessness’ • Withdrawal of citizenship – lack of safeguards • Gender inequality in nationality laws – leading to childhood statelessness

  9. Recommendations: • collection of reliable data on statelessness in Ireland • introduction of an effective system for identifying persons as stateless through national statelessness determination procedure • statutory definition of the rights of stateless persons once recognised • full implementation of the provisions of the 1954 Convention in relation to: juridical status gainful employment welfare and administrative assistance provisions concerning naturalisation protection from expulsion • introduction of safeguards preventing the revocation of naturalisation certificates where this would give rise to statelessness • withdrawal of reservations to the 1954 and 1961 Conventions and • accession to the 1997 European Convention on Nationality

  10. THANK YOU! Contact details: Hilkka Becker Senior Solicitor Immigrant Council of Ireland Independent Law Centre 2 St Andrews Street, Dublin 2 Ph. 01 674 0200 (Information & Referral Service) 01 674 0202 (Admin.) email: hilkka@immigrantcouncil.ie web: www.immigrantcouncil.ie

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