A/HRC/4/WG.3/6
page 21
country. The wording of article 12, paragraph 4, does not distinguish between nationals and
aliens (“no one”). The language permits a broader interpretation that might embrace other
categories of long-term residents, including but not limited to stateless persons arbitrarily
deprived of the right to acquire the nationality of the country of such residence.47
Assessment and recommendations
63. The experts recognize that fundamental human rights are guaranteed to stateless persons
under international law. However, they wish to draw the attention of the international community
to the uncertain status of this group of people in the context of the right to return to one’s own
country. It is clear that arbitrary expulsion is prohibited under international law in relation to
every person, but the right to return benefits prima facie only citizens of a given country. The
situation of stateless persons is less favourable. Indeed, their right to return to the country of
residence or the country of origin is questioned and the grounds of race and/or ethnic origin play
an important role. Therefore, it is important that this problem be effectively addressed primarily
by the Human Rights Committee in the context of article 12, paragraph 4 of ICCPR, essentially
through some supplementary inputs to general comment No. 27.
64. Most experts in the field agree that today de jure statelessness is overshadowed by the even
greater crisis caused by de facto statelessness resulting from irregular migration, which
contributes to the evolution of a “grey zone of de facto statelessness.”48 The experts are of the
opinion that this problem should be examined by the human rights treaty bodies, both in their
general comments and concluding observations.
65. The experts are also seriously concerned by the exceptionally low rate of ratifications of
the 1954 Convention relating to the Status of Stateless Persons,49 and the still lower number of
ratifications of the 1961 Convention on the Reduction of Statelessness.50
C. Internally displaced persons
66. Internal displacement is a worldwide phenomenon causing suffering for at least 22 million
people who have been forced to flee or leave their homes within their own countries. According
to Francis M. Deng, former Representative of the Secretary-General on internally displaced
47
Paragraphs 19 and 20.
48
See e.g. Carol A. Batchelor, “Statelessness and the problem of resolving nationality status”,
International Journal of Refugee Law, vol. 10, Nos. 1-2 (January 1998), p. 156.
49
As of 2007 the number of ratifications stands at 62.
50
As of 2007 the number of ratifications stands at 30.
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