INTRODUCTION
The rights of the refugees are one of the most contested rights in the world. However, there are conventions worldwide, such as the 1951 Refugee Convention and 1967 Refugee Protocol, which recognise the rights of refugees and grant them legal status. However, they still face challenges regarding their applicability and the problem of statelessness.
Refugee law addresses the obligations of other nation-states in this area as well as the rights of persons who have been forcefully displaced from their own country. Ethnic conflict, civil war, international conflicts, and many other causes can cause people to become refugees. Refugee rights and statelessness occupy a crucial intersection of international law, highlighting the tension between state sovereignty and universal human rights. Refugee law extends protection to individuals who are forced to flee from their country due to persecution, conflict or violence, ensuring that they are not returned to danger through the principle of non-refoulement.
THE PRINCIPLE OF REFOULEMENT
The principle of non-refoulement is defined in the International Organization for Migation Glossary on Migration as the “prohibition for States to extradite, deport, expel or otherwise return a person to a country where his or her life or freedom would be threatened, or where there are substantial grounds for believing that he or she would risk being subjected to torture or other cruel, inhuman and degrading treatment or punishment, or would be in danger of being subjected to enforced disappearance, or of suffering another irreparable harm.[1]
The basis of non-refoulement is found in the Convention Relating to the Status of Refugees (1951 Refugee Convention)[2]. Similar provisions are also reflected under the 1969 African Union Convention[3] Governing the Specific Aspects of Refugee Problems in Africa, the 1984 Cartagena Declaration on Refugees[4], and the 2001 Bangkok Principles[5] on the Status and Treatment of Refugees (Bangkok Principles).
The global crises of statelessness and forced displacement continue to challenge the foundational tenets of international law and human rights protection. Stateless individuals, those not recognised as nationals by any state and refugees frequently fall through legal and institutional gaps, rendering them among the most vulnerable populations worldwide.[6]
CAUSES
Statelessness occurs when countries fail to protect people through nationality laws. In countries where nationality is based on the place of birth, registering a birth is difficult in displacement and humanitarian situations. People living in territories that secede as an independent country, such as South Sudan, can lose their nationality and become stateless[7].
In countries where nationality is determined by parentage, children with stateless or deceased parents are born into statelessness. Also, discriminatory policies can restrict mothers from passing down their nationalities. Colonial policies and border disputes can lead to statelessness. In Cote d’Ivoire, people who settled because of colonial-era forced labour or migration became stateless after independence in 1960. To this day, their descendants are born with Ivorian nationality.[8] The other causes include discrimination based on race, ethnicity or religion, gaps and conflicts in nationality laws and administrative barriers.
MAPPING THE OVERLAP: REFUGEES AND STATELESS PERSONS
Although the refugee and statelessness regimes are distinct, in practice, there is significant overlap and interaction.
Firstly, a person may be both a refugee and stateless: for instance, someone fleeing persecution and having no nationality. The refugee definition in Article 1(A)(2) of the 1951 Convention policy explicitly covers “persons who… not having a nationality… are outside the country of their former habitual residence” and are unable or unwilling to return.
Secondly, statelessness can be a driver of forced displacement: individuals lacking nationality may lack protection, documentation, and access to rights and thus may be more vulnerable to persecution, trafficking or coercion to leave their home territory.
Thirdly, in the asylum context, states and UN agencies increasingly recognise that statelessness must be taken into account. For example, the European Union Agency for Asylum (EUAA) explains that when refugee status ceases without the person having acquired another nationality, this may necessitate international protection as a stateless person[9].
From a normative perspective, the protection of stateless persons and refugees must be seen as complementary rather than parallel. The core human rights obligations of states apply regardless of status: nationality or the lack thereof does not relieve states of their duties under human rights law. Yet the special vulnerability of stateless persons and refugees means that tailored protection regimes are necessary.
KEY RIGHTS AND GAPS IN PRACTICE
Refugee Rights in Practice: While the 1951 convention provides a robust and comprehensive framework, real-world implementation often falls short and may lag. Rights such as access to employment, housing, education and social welfare may depend on national law and often exclude asylum seekers or those whose status is unresolved.
Asylum seekers in limbo find themselves without legal residency, work rights, or access to services, prolonging their vulnerability. Even though the right to non-refoulement, though firmly established, faces a challenge in states that equate migration with irregularity or security threats.
Statelessness Rights in Practice: For stateless persons, even more fundamental obstacles exist. Lack of nationality often means no identity card, passport, or recognised legal status. As a result, access to education, employment, health services, property rights, marriage, and legal recourse is severely restricted. Moreover, only persons who are lawfully resident or staying may access many of the rights under the 1954 Convention; those who are undocumented or irregular may be placed in detention or effectively trapped.
States often lack dedicated statelessness determination procedures (SDPs) — meaning that many stateless persons remain unidentified and unprotected. The NGO community has been vigorous in calling for the creation of SDPs and facilitating naturalisation routes[10].
Gaps at the Intersection: When refugees are stateless, their protection needs are compounded; they may lack nationality, be outside their country of previous habitual residence, and be unable to return, while also being outside the full gambit of refugee recognition or unable to access state protection in the country of asylum. Moreover, the statelessness regime relies heavily on law and practice at the national level and lacks strong monitoring and enforcement mechanisms.
EMERGING ISSUES AND WAY FORWARD
Recognising Statelessness in the Asylum Context: Increasingly displaced persons may take asylum claims based not only on persecution but on deprivation of nationality and lack of state protection.
Data, Transparency and Monitoring: A major barrier to progress is the paucity of reliable data on stateless populations and on refugees whose nationality status is unresolved. Better information systems are essential to hold states accountable, efficient tracking and designing inclusive policies.
Strengthening National Legal Frameworks: States must adopt or amend nationality laws to prevent statelessness. States should integrate statelessness determination procedures, grant residence and naturalisation pathways to stateless persons and ensure refugees have full access to rights consistent with international law.
Integration, Dignity and Long-term Inclusion: The rights of refugees and stateless persons depend on social and economic inclusion, community acceptance and pathways out of limbo. Ensuring access to education, legal identity, labour rights and participation is central to meaningful protection.
CONCLUSION
The twin challenges of refugee protection and statelessness highlight the centrality of nationality, legal status and human rights in building inclusive and safe societies. The 1951 convention and its 1967 protocol set out a clear framework for refugee rights; the 1954 convention and 1961 reduction convention lay out a regime for stateless persons and the prevention of statelessness.
In many cases, statelessness and forced displacement are two sides of the same coin. The lack of nationality magnifies vulnerability; forced displacement often leads to deracination and exclusion. To respond effectively, states, international organisations and civil society must adopt integrated approaches: recognising statelessness in asylum procedures; ensuring nationality laws prevent and resolve statelessness; expanding access to rights and inclusion; and investing in durable solutions.
As new displacement trends emerge and the global political climate becomes more constrained, preserving and strengthening the rights of refugees and stateless persons is more vital than ever. By doing so, we uphold not only legal obligations but also the human dignity of millions who live in the shadow of no state and no safe place.
Author’s Name: Anshuman Singh (Faculty of Law, University of Allahabad)
[1] International Organization for Migration glossary on migration (International Migration Law No 34, IOM, Geneva, 2019) 68.
[2] Convention Relating to the Status of Refugees(adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137, art 33(1)
[3] Organisation of African Unity Convention Governing the specific aspects of refugee problem in Africa (adopted 10 September 1969, entering into force 20 June 1974) 1001 UNTS 45
[4] Cartagena Declaration on Refugees (adopted 22 November 1984)
[5] Bangkok Principles on status and treatment of refugees (adopted 29-31 October 2001)
[6]Gul S, Allauddin M and Ahmad F, ’The Crisis of Statelessness and Refugee Rights in International Law’(2025) 3 Indus Journal of Social Sciences 2 660-673 https://doi.org/10.59075/ijss.v3i2.1500 [8th November]
[7] US Committee for Refugees and Immigrants(refugees.org) What is Statelessness? https://refugees.org/what-is-Statelessness accessed 8th November
[8] U.S. Committee for Refugees and Immigrants, ‘What is Statelessness? Causes, Impact, and Solutions’ (USCRI, 13 September 2024) https://refugees.org/what-is-statelessness/ accessed [8th November]
[9] EUAA, ‘Stateless persons — the practical guide to humanitarian law’ https://euaa.europa.eu/asylum-report-2022/section-413-statelessness-context-asylum accessed 9 November 2025.
[10] Statelessness EU, ‘Protecting the rights of stateless people’ https://www.statelessness.eu/issues/protecting-rights-stateless-people accessed 9 November 2025
