Statelessness and the EU Pact on Migration and Asylum: Analysis and Recommendations for Implementation


We’ve developed new analysis and recommendations on implementation of new EU Migration & Asylum Pact provisions concerning the identification and protection of displaced stateless people.

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After nearly four years of debate and negotiations, a total of 10 legislative acts were adopted under the EU Migration & Asylum Pact which ‘reform the entire European framework for asylum and migration management’. Member States will now have two years to put the new laws into practice. The European Commission is in the process of developing a common implementation plan to assist Member States in this process.

Statelessness was invisible in the original Pact proposals. In response to this omission, through our #StatelessJourneys campaign we engaged extensively with representatives from the European Parliament, Council, and Commission throughout the negotiations in order to address the Pact’s blind spot-on statelessness.

It is therefore welcome that the adopted Pact instruments for the first time introduce binding provisions in EU asylum acquis that clarify the international legal definition of a stateless person, require Member States to identify indications of statelessness, respect their international obligations towards stateless people, strengthen their protection and access to fundamental rights, and register where an asylum applicant claims to be stateless pending a determination.

These new provisions now need to be implemented so that statelessness is effectively identified on the ground, and stateless people’s rights are respected in EU asylum systems. This will require us to work with our members and partners to ensure full and robust implementation of relevant Pact provisions, including to continue to develop and roll out tools that support systematic identification.

Work on Pact implementation will need to be accompanied by ongoing advocacy to ensure that all displaced stateless people can access comprehensive statelessness determination procedures (SDPs) that protect the full range of rights owed to them under international law.

The briefing contains detailed recommendations for all relevant stakeholders who will be involved in implementing the Pact.

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