Statelessness; A Reality or Illusion? Finding Answers in International Law

Abstract

The issue of statelessness is a significant and concerning development within the realm of international law, albeit one that receives less attention. This phenomenon has the potential to be quite alarming and unacceptable, with catastrophic consequences that can only be imagined rather than experienced. Those affected by statelessness finds themselves vulnerable, lacking a secured statehood necessary to access their basic fundamental rights fully. Statelessness typically arises as a result of insecurity, instability, circumstances of birth and in rare cases actions taken by a state, which subsequently lead to lack of proof of nationality for the individual concerned. In this modern era individuals without a recognised nationality face increasing difficulty in functioning within the society. Stateless persons are extremely vulnerable and completely defenceless. The Convention Relating to the Status of Stateless Persons 1954 and the Convention on the Reduction of Statelessness 1961 both provided comprehensive provisions about the fundamental and inalienable rights of stateless persons within the territory of a contracting party that issignatory to the respective conventions. However,the question remains as to whether these international legal frameworks are adequate to address the issue at hand.