Detention of Stateless Persons
Purpose
The goal of this two year project which started in May 2008 is to strengthen the protection of stateless persons who are in any kind of detention or imprisonment due at least in part to their being stateless, and to ensure they can exercise their right to be free from arbitrary detention without discrimination. The focus of the sought improvement in protection is on the limits, length and conditions of detention. UNHCR and others have expressed the view that stateless persons should not be detained only because they are stateless. If detention has no alternative, its maximum length should be specified, based on strict and narrowly defined criteria. However, this principle has not been translated into international or national legal standards and into practice. Progress is hampered by the paucity of information on cases of detention, including prolonged and indefinite detention, of stateless persons. The ERT project has two interrelated objectives. The first objective is to fill the documentation gap that exists regarding the detention of stateless persons around the world. The second objective is to draw upon relevant factual information and develop detailed legal analysis to advocate for improved international and national protection standards against arbitrary detention of stateless people. ERT will develop a set of guidelines in this regard and will publish a comprehensive report. Following its publication, ERT will engage in advocacy to contribute to change.
Scope
The project is global in scope with a focus on those countries which host the greatest number of stateless persons. The project will address the detention and protection needs of de jure and de facto stateless persons, given that a strict distinction between the two categories is difficult to be made in practice, and that individuals from each category have similar protection needs. Research will highlight individual cases, with particular focus on individuals who face indefinite detention, and will provide in-depth analysis of the situation in six or seven case study countries.
To read "Unravelling Anomaly: Detention, Discrimination and the Protection Needs of Stateless Persons", click here.
To read "From Mariel Cubans to Guantanamo Detainees: Stateless Persons Detained under U.S. Authority", click here.
To read "Trapped in a Cycle of Flight: Stateless Rohingya in Malaysia", click here.
To read an article on stateless persons in the US military base in Guantanamo, click here.
To read an ERT letter of concern regarding the treatment of stateless Rohingya by Thai authorities, click here.
To read the ERT Legal Working Paper: The Protection of Stateless Persons in Detention under International Law, click here.
To read the ERT Research Working Paper: The Protection of Stateless Persons in Detention, click here.