Progress in Ending Statelessness in Europe

Sam Mosallai

Sam Mosallai is UNHCR’s Regional Statelessness Officer for Europe. Previously, he worked as a Legal Officer in the Statelessness Section at UNHCR’s Headquarters in Geneva, and with UNHCR in Uganda and Ethiopia. The views expressed in this essay are his own.

Europe is home to almost 500,000 stateless people or people with undetermined nationality, mainly due to the dissolution of the former Soviet Union and the former Yugoslavia over three decades ago. Other causes of statelessness in Europe include the lack of safeguards to prevent children from being born stateless, gaps in universal birth registration, and, to a lesser extent, the deprivation of nationality as a counterterrorism measure. Many Roma, particularly those residing in Southeastern Europe, are stateless or at risk of statelessness due to persistent discrimination against them. Additionally, due to the lack of dedicated statelessness determination procedures found in many countries in Europe, many stateless migrants cannot enjoy the rights to which they are entitled under international law.

Europe is home to almost 500,000 stateless people or people with undetermined nationality, with many of them unable to enjoy the rights to which they are entitled under international law.

Statelessness threatens a person’s core identity by denying them the right to a nationality, which affects their sense of belonging. Stateless people cannot access basic rights such as going to school, working legally, accessing healthcare, or getting married. Resolving statelessness benefits the wider society. Providing children with citizenship reduces vulnerability and ensures access to essential rights and services while helping reduce social tensions, leading to more inclusive and resilient societies. Stateless individuals also represent an untapped workforce, who, if allowed to incorporate into the formal labor force, could contribute to national economies.

Statelessness in Europe

Most countries in Europe are party to the two UN Statelessness Conventions: the 1954 Convention Relating to the Status of Stateless Persons (1954) and the 1961 Convention on the Reduction of Statelessness (1961). The 1954  Convention includes the international legal definition of a stateless person while also granting specific rights to stateless individuals, including access to education, employment, housing, identity documents, travel documents, and administrative assistance. The 1961 Convention requires states to implement legal safeguards to prevent statelessness at birth or later in life, particularly in cases of loss or renunciation of nationality or state succession.

Cyprus, Estonia, and Poland are the last three of the 27 EU member states that are not yet state parties to either Statelessness Convention, in addition to 5 non‑EU countries (Andorra, Belarus, Monaco, the Russian Federation, and San Marino). France, Greece, Malta, Switzerland, and Türkiye are state parties to the 1954 Convention but not to the 1961 Convention.

Children born to parents of unknown nationality, stateless parents, or parents who are unable to transmit their nationality to their offspring face risks of prolonged statelessness in the majority of countries in Europe. This is due to a lack of or insufficient legal safeguards against child statelessness.

One of the most critical safeguards to prevent statelessness among children is ensuring that nationality laws allow children born within a state’s territory to acquire its nationality if they would otherwise be stateless. Its importance is further reinforced by international human rights instruments such as the UN Convention on the Rights of the Child (1990) of the International Covenant on Civil and Political Rights (1976), both of which reaffirm every child’s right to acquire a nationality.

Additionally, nationality laws must include provisions to grant nationality to children born to nationals abroad who would otherwise be stateless. Another essential safeguard is the presumption of nationality for foundlings (children of unknown parentage) to ensure they are considered nationals of the state in which they are found.  

Currently, the nationality laws and administrative procedures in 26 countries in Europe lack safeguards against statelessness at birth that benefit all children born stateless in the country. 

Moreover, the difficulties in registering all children at birth, the lack of awareness of the importance of birth registration, and the incorrect or incomplete registration of births remain key challenges in some successor states to the former Soviet Union, in Central Europe, Southeastern Europe, and Türkiye. Documentary evidence requirements, fees, unawareness of the importance of birth registration, and discrimination are all obstacles to universal birth registration.

Birth registration is crucial for the prevention of risks of statelessness. Individuals may be at risk of statelessness if they have difficulties proving their links to a state. Lack of birth registration can create such a risk. This is because birth registration documents contain information about where a person was born and who their parents are—key pieces of information needed to establish which nationality a child can acquire. Certain groups may face unique challenges, particularly children born out of wedlock (including those conceived as a result of gender‑based violence), nomadic populations, and children of non‑citizens, such as refugees and migrants.

In some cases, proof of parental marriage can determine whether a child is registered at birth and granted nationality. Many civil laws either prohibit women from registering the births of their children in all circumstances or allow them to do so only in exceptional cases. These legal and administrative barriers increase the risk of statelessness, preventing children from accessing fundamental rights and protections.

In parts of Europe, particularly in Western Europe, statelessness primarily occurs in a migratory context. In such circumstances, a Statelessness Determination Procedure (SDP) helps to identify stateless persons and ensures that they are granted the rights to which they are entitled until they acquire a nationality.

Without a formal SDP, stateless persons may remain invisible within migration and asylum systems, unable to access basic rights and services. An effective SDP helps establish legal status, granting individuals residency rights, access to work, healthcare, and education, while also facilitating pathways to naturalization. 

Additionally, SDPs contribute to better data collection and policy development, enabling governments to implement targeted solutions for preventing and reducing statelessness. SDPs help protect fundamental human rights and promote long‑term inclusion by identifying and addressing statelessness within migration systems.

A total of 18 countries and territories in Europe have dedicated statelessness determination procedures and protection frameworks in place to ensure that stateless persons who migrated there are identified and can enjoy the rights they are entitled to under the 1954 Convention. These are Albania, Belgium, Bulgaria, Czech Republic, France, Georgia, Hungary, Iceland, Italy, Latvia, Moldova, Montenegro, the Netherlands, Spain, Türkiye, Ukraine, and the United Kingdom, as well as Kosovo (all references to Kosovo should be understood in full compliance with UN Security Council Resolution 1244 (1999)). However, some of these existing mechanisms lack procedural safeguards, as set out in UNHCR’s Handbook on Protection of Stateless Persons. In Croatia, Slovenia, Slovakia, and Switzerland, the law provides for rights and/or a legal status for stateless persons based on their statelessness, but lack dedicated determination mechanisms.

A Decade of Achievements

Although it may seem complex, statelessness is solvable with political will and coordinated action. UNHCR’s #IBelong Campaign, launched in 2014 with the goal of ending statelessness by 2024, focused on promoting legal reforms, raising awareness, and supporting initiatives that help stateless individuals acquire nationality. While countries have made significant achievements, further steps are still needed to fully resolve statelessness and ensure the rights and inclusion of stateless people in Europe.

During the High‑Level Segment on Statelessness (HLS) and the Global Refugee Forum (GRF) in 2019, the 2023 GRF and the 2024 HLS, more than 30 states in Europe, intergovernmental organizations, and civil society groups pledged to take action to address statelessness. To date, about one‑third of the pledges made have been implemented, while another third is on track to be completed. This reflects the political will and determination of other key actors across Europe to resolve statelessness, as evidenced also by commitments made through other mechanisms like the Universal Periodic Review (UPR). 

Apart from states, regional intergovernmental organizations such as the Council of Europe and the Organisation for Security and Co‑operation in Europe play a vital role in addressing statelessness in Europe by promoting compliance with relevant legal frameworks and advocating for policy reforms. 

The Council of Europe has established key legal instruments to safeguard people’s right to a nationality, including the European Convention on Nationality (1997) and the Convention on the Avoidance of Statelessness in Relation to State Succession (2006). The OSCE, particularly through its Office for Democratic Institutions and Human Rights (ODIHR) and the High Commissioner on National Minorities (HCNM), focuses on preventing and reducing statelessness as part of its broader work on human rights and the protection of minorities. 

In December 2015, the EU Council adopted the first ever Conclusions on statelessness, which led to the launch of the European Migration Network Platform on Statelessness in 2016. The platform was established to promote the exchange of information and good practices among EU member states.

Under the umbrella of the #IBelong Campaign to End Statelessness and with the support of UNHCR and relevant stakeholders, states in Europe have made significant progress towards the prevention and reduction of statelessness and the protection of stateless people. Key achievements include:

Over the last decade, several countries across Europe have acceded to the Statelessness Conventions to resolve cases within their territories. This includes Italy in 2015, Luxembourg in 2017, and North Macedonia in 2020. Further, in 2018 Spain acceded to the 1961 Convention on the Reduction of Statelessness, while Malta and Türkiye acceded to the 1954 Convention relating to the Status of Stateless Persons. Iceland acceded to both Conventions in 2021. Slovenia is in the process of acceding to the 1961 Convention. This brings the total of current states parties from Europe to the 1954 Convention to 40 and the 1961 Convention to 34.

Thousands of stateless individuals have received nationality thanks to decisive action from national governments across Europe, in coordination with UNHCR and civil society groups. In Southeastern Europe, more than 6,000 formerly stateless people acquired a nationality or had it confirmed since 2014. For instance, legislative reforms in North Macedonia allowed 608 out of 786 known persons at risk of statelessness residing there to confirm their nationality. Several other countries—including Albania, Armenia, Estonia, Iceland, Georgia, Greece, Luxembourg, and Ukraine—have made efforts to facilitate the naturalization of stateless persons, including through the reduction of residency requirements or waiver of fees.

At least nine countries in Europe have introduced safeguards in their nationality laws to prevent child statelessness. For example, Albania adopted a new Citizenship Law in 2020 that grants Albanian citizenship to all children born in Albania who would otherwise be stateless. Spain has had robust safeguards against childhood statelessness in its nationality law for years, and in 2022 Spanish courts introduced broad criteria in interpreting applicable safeguards to allow access to nationality or civil registration for migrant children born in transit.

Albania, Bulgaria, Iceland, Montenegro, the Netherlands, Türkiye, and Ukraine, as well as Kosovo (UNSCR 1244 (1999)), have established statelessness determination procedures (SDPs), while others have made improvements to their existing procedures, including Georgia, Hungary, Iceland, Italy, and Moldova. In particular, the latter country is widely considered to have one of the best SDPs in Europe, bringing together a number of best practices.

Several countries in Europe have tried to increase access to universal birth registration, including Albania, Bosnia and Herzegovina, Moldova, Montenegro, North Macedonia, Romania, and Ukraine, as well as Kosovo (UNSCR 1244 (1999)). In 2020, Montenegro had reformed its procedures to ensure that abandoned children or those born to mothers without identification documents are registered and have access to nationality.

Addressing Statelessness

As the UN agency entrusted by the UN General Assembly with a global mandate to identify and protect stateless people worldwide and to engage in the prevention and reduction of statelessness, UNHCR engages in a broad range of activities to address statelessness. UNHCR’s current mandate on statelessness was consolidated in 2006 when the General Assembly endorsed UNHCR’s Executive Committee Conclusion No. 106 on the Identification, Prevention and Reduction of Statelessness and the Protection of Stateless Persons. The General Assembly has specifically requested UNHCR “to provide technical and advisory services pertaining to the preparation and implementation of nationality legislation to interested States.” 

In implementing its mandate, UNHCR collaborates with a wide range of stakeholders in Europe, recognizing that a coordinated multistakeholder approach is needed to find lasting solutions. Key areas of action include legal and technical assistance, capacity‑building, advocacy, data collection, and direct engagement with stateless people. Each will be briefly discussed below.  

UNHCR engages in a broad range of activities to address statelessness, including legal and technical assistance, capacity‑building, advocacy, data collection, and direct engagement with stateless people.

First, technical assistance and capacity‑building. Effective responses to statelessness in Europe require sustained support to governments in aligning national legal frameworks with international standards on the prevention and reduction of statelessness and the protection of stateless people. This includes cooperation between national authorities, regional and international organizations, legal experts, and civil society groups to ensure that laws and policies not only address the root causes of statelessness and provide adequate safeguards but are also effectively implemented in practice without discrimination.

 Capacity‑building is essential to equip asylum officials, civil registers, border guards, and judges with the knowledge and skills needed to identify and address statelessness effectively. Regional and global training programs such as the statelessness courses provided by the International Institute of Humanitarian Law in San Remo have benefited thousands of government officials and representatives of civil society groups, enhancing their ability to implement appropriate legal safeguards. 

Cross‑border exchange of information and good practices is equally important in strengthening responses to statelessness. This can be achieved through study visits, bilateral exchanges, and the publication of good practice documents. For example, in October 2022, consultations in Madrid brought together government officials from across Europe to discuss challenges and good practices related to the implementation of statelessness determination procedures in the region.

Finally, legal assistance plays a crucial role in addressing statelessness, as it helps individuals navigate complex legal and administrative procedures to obtain nationality, civil status registration, and identity documentation. Strengthening access to legal aid ensures that stateless individuals can exercise their rights and prevents risks of statelessness.  

Second, joint advocacy. Statelessness cannot be resolved in isolation; it requires collaborative efforts among governments, UN agencies, international organizations, civil society groups, and affected local communities. High‑level events and advocacy initiatives can be powerful tools in advancing efforts to address statelessness, as they provide a platform to build momentum and an opportunity to strengthen commitments. 

For example, conferences such as the 2021 Strasbourg Conference on Statelessness, co‑organized by UNHCR and the Council of Europe, and the 2023 regional High‑Level Conference on Access to Civil Documentation and the Prevention of Statelessness in South‑Eastern Europe, organized by UNHCR and OSCE, have contributed to renewed commitments from participating stakeholders. The latter conference led to a joint pledge from Albania, Bosnia and Herzegovina, Croatia, Montenegro, North Macedonia, and Serbia to resolve all known cases of statelessness within their territories and take measures to prevent children from being born stateless. Similarly, a multistakeholder conference on Addressing Statelessness in Europe, organized by the European Network on Statelessness in Madrid in 2023, brought together key stakeholders and helped reinvigorate efforts across various sectors to tackle statelessness. 

These initiatives demonstrate the impact that strategic advocacy events can have in mobilizing political will, fostering collaboration, and ensuring that statelessness remains a priority on national and regional agendas.

Third, generation of data. Reliable quantitative and qualitative data on statelessness are essential for understanding the scope of the issue, identifying affected populations, and developing effective policies and interventions. It allows for evidence‑based decision‑making, ensuring that resources are allocated effectively and that solutions address the specific needs of stateless communities. National statistical offices play an important role in collecting data and producing statistics on stateless populations, including through analyzing civil registration data, conducting population censuses, and carrying out targeted surveys and studies. 

In close collaboration with governments from Europe and civil society groups operating in the region, UNHCR has conducted mapping studies and surveys in 20 countries in Europe (Albania, Austria, Czech Republic, Croatia, Denmark, Estonia, Finland, Iceland, Ireland, Lithuania, Malta, Norway, Poland, Portugal, Serbia, Slovakia, Sweden, Switzerland, Ukraine, and the United Kingdom) to better understand the size and profile of the stateless population in their territory. The UNHCR‑funded ENS Statelessness Index continues to be the most comprehensive comparative tool for assessing the laws, policies, and practices of countries in Europe on the protection of stateless people and the prevention and reduction of statelessness. 

The International Recommendations on Statelessness Statistics (IROSS), developed by the Expert Group on Refugee, IDP and Statelessness Statistics (EGRISS) and endorsed by the UN Statistical Commission in 2023, marks a significant step toward improving the availability and quality of data on stateless populations. The recommendations provide guidance to countries on how better to include stateless persons in their national statistical systems and thus improve official statistics on stateless populations.

Fourth, engagement with affected communities. Engaging with stateless communities is essential to developing effective and sustainable solutions to statelessness. Stateless individuals and communities have firsthand experience of the challenges and barriers that exist, making their perspectives invaluable in shaping policies. Recognizing this, UNHCR has stepped up its engagement with people with lived experience of statelessness, ensuring that stateless people have a platform to share their perspectives, challenges, and recommendations. 

In recent years, the number of stateless‑led organizations has grown, strengthening advocacy efforts at both national and regional levels. The Apatride Network, a pan‑European stateless‑led initiative, has emerged as a key platform amplifying the voices of stateless individuals. National‑level organizations have also been established, such as Unione Italiana Apolidi in Italy, the Stateless Rights Collective in the Netherlands, and Statefree in Germany, all working to advance the rights of stateless people and push for systemic change. More than ever, stateless people are actively engaged in decision‑making spaces, influencing policies that directly affect their lives. However, despite these advancements, more efforts are needed to fully center communities affected by statelessness in efforts to address statelessness.

Renewed Efforts

On 14 October 2024, UNHCR launched the Global Alliance to End Statelessness during its Executive Committee Meeting in Geneva. This collaborative platform brings together governments, intergovernmental organizations, UN agencies, stateless‑led organizations, and civil society groups. The Global Alliance aims to enhance collective advocacy, galvanize political commitments, and accelerate solutions to statelessness through a multistakeholder approach. 

A key initiative of the Global Alliance will be the Solution Seekers Programme, designed to mobilize Champion States and intergovernmental organizations to set an example in addressing statelessness. Solution Seeker States are expected to take practical steps to prevent and reduce statelessness domestically, but may also be called upon to share their practical approaches with other countries. (For more on this, see the adjoining text box.)

The Solution Seekers Programme

All states and regional intergovernmental bodies can become Solution Seekers. States or regional intergovernmental organizations who wish to become Solution Seekers need to:

• Be a member of the Global Alliance:

States and regional intergaovernmental organizations must be members of the Global Alliance and thereby have endorsed the vision and mission of the Global Alliance.

• Have an active pledge:

Solution Seekers must have one or more active pledges to address statelessness. These pledges should have been delivered in the context of events such as the Global Refugee Forums (both 2019, 2023 and future ones), the 2021 High‑ Level Officials Meeting, and/or the 2019 High‑Level Segment on Statelessness.

• Have a taskforce or focal point:

A Solution Seeker State must have a Taskforce on Statelessness or a Statelessness Focal Point at the senior technical level, located within the ministry most relevant to the implementation of the pledge(s). Alternatively, a cross‑sectoral taskforce can be established if the implementation of pledges falls across multiple ministries/departments. If a taskforce/focal point is not yet in place, this needs to be established within 12 months of joining the Programme.

• Have a pledge implementation and/or a National Action Plan:

Entities must have a time‑bound pledge implementation plan with clear, measurable milestones, developed in consultation with relevant stakeholders, including stateless people or communities who stand to benefit from the pledge(s). It is strongly recommended that States formulate a comprehensive National Action Plan (NAP) to End Statelessness, incorporating the pledge implementation plan. The NAP or pledge implementation plan must be established either at the time of joining the Solution Seeker Programme or within 12 months of joining the programme.

Building on the momentum generated over the past decade to eradicate statelessness in Europe, efforts continue to focus on supporting states in adopting or strengthening mechanisms and policies to resolve and prevent statelessness. Collaboration among governments, international organizations, and civil society groups remains essential to ensuring that the rights and inclusion of stateless individuals are effectively addressed and upheld.

To effectively address statelessness in accordance with international standards, efforts should continue to focus particularly on supporting states to:

• Amend legislation to grant nationality automatically at birth or as soon as possible after birth to children who would otherwise be stateless.

• Ensure access to universal birth registration for all children born on the territory, regardless of the parents’ ethnicity, nationality, documentation, or migration status, and ensure that gaps in birth registration are closed through legislation, policies, and practice.

• Establish dedicated procedures for identifying and determining statelessness in countries with migratory stateless populations to ensure that people can access their rights, including access to facilitated naturalization, and children born to stateless parents are granted nationality.

• Raise awareness among marginalized communities through information campaigns and social and legal assistance, to identify children who are not registered and provide assistance to people to complete registration procedures.

• Engage with stateless people and people with lived experience of statelessness to increase understanding of the problem and identify suitable solutions.

• Renew commitment to address statelessness by joining the Global Alliance to End Statelessness