Centrum Pomocy Prawnej im. Haliny Nieć

Statelessness Week – why do we still need to talk about people who “do not exist”?

As every year, the Halina Nieć Legal Aid Center has organised an information campaign as part of Statelessness Week (#StatelessnessWeek). Our legal assistance is provided not only to people seeking international protection and to refugees, but also to stateless persons and those at risk of statelessness. The specific legal situation of the latter group remains largely unknown, and in Poland there are still no adequate legal instruments to effectively safeguard their rights.

For this reason, we hope that by disseminating reliable information about statelessness we can contribute to improving their legal situation and, in the longer term, encourage the Polish authorities to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Around the world, millions of people live without citizenship, which means lack of rights, lack of protection, lack of access to basic services, and a constant life in limbo. In this article, we summarise the entire week of activities – from explaining the phenomenon, through debunking myths, to presenting global and Polish solutions and ways in which each of us can actively support the rights of stateless persons.

Who are stateless persons?

According to the definition contained in the 1954 Convention relating to the Status of Stateless Persons, a stateless person is someone who is not considered a national by any State under the operation of its law.

Lack of nationality often means lack of:

access to education,
healthcare,
legal employment,
social security,
the ability to travel,
access to identity documents,
and even the possibility to register the birth of their own children.

As a result, stateless persons often function on the margins of society – invisible to administrations, institutions and sometimes even to official statistics. UNHCR estimates that statelessness affects at least millions of people worldwide, although the real number is much higher and difficult to measure – because it is hard to count those whom the legal system does not see.

What causes statelessness?

The causes of statelessness vary and very often do not result from the individual’s own decisions. The most common include:

Changes of borders and state dissolution – after the collapse of empires, federal states or shifts in borders, some groups fall “outside” citizenship systems.
Discrimination and prejudice – certain ethnic or religious groups face restricted access to nationality (a classic example being the Rohingya in Myanmar). Gender discrimination can also severely affect transmission of nationality.
Legal gaps and conflicts of laws – domestic legal systems may impose incompatible or impossible requirements, or conflicting legal regimes may result in children not acquiring nationality at all.
Lack of birth registration – if a State does not register a child’s birth, the person may later be unable to prove their identity or nationality.
Administrative errors, migration-related chaos and lack of documents – seemingly minor problems can lead over time to severe legal consequences, including loss of nationality.

For many people, statelessness is not the result of a personal choice, but of systemic failures, discrimination or persecution.

Myths and facts about statelessness

Many myths surround statelessness. During our campaign, we addressed them in detail. The most common include:

“Stateless persons are people with no documents.”

Not necessarily. Many possess documents, but these do not prove that any State recognises them as citizens. What matters is whether a given State considers the person to be its national at the relevant time.

“This is only a problem of Africa or Asia.”

False. Stateless persons live also in Europe – including the Baltic States, the Balkans, Western Europe, and Poland.

“Statelessness cannot be solved.”

False. Statelessness is a man-made phenomenon and primarily a legal problem, which means it can be effectively eliminated and prevented through appropriate legislation and administrative practices.

“Without citizenship it is impossible to live a normal life.”

Statelessness makes life much more difficult, but stateless persons have families, ambitions and personal stories. What they need most is recognition.

“Stateless persons are illegal migrants or people hiding from authorities.”

False. Statelessness is a legal status – or rather a legal anomaly – not a crime. States have an obligation to prevent and reduce statelessness. Many stateless people spend years trying to regularise their status, yet the system often offers them no legal pathway.

“Anyone can always prove where they come from.”

False. Many people cannot. Countries of origin may refuse to confirm nationality. Documents may have been destroyed by conflict or violence – or may never have existed. Without proof of identity, it becomes impossible to obtain further documents. This creates a vicious circle.

“You just need to go to an office to fix everything.”

False. Poland still lacks a formal statelessness determination procedure. This means stateless persons are often “invisible” within the system. Even when officials and lawyers want to help, the lack of legal tools makes it extremely difficult.

“Statelessness is rare.”

False. UNHCR estimates that at least several million stateless persons live worldwide, and many have never been officially identified or recorded. It is one of the most invisible human rights violations of the 21st century, which makes it difficult to persuade States – including Poland – to join the statelessness conventions.

Debunking these myths is crucial, because harmful narratives make it harder to understand the true scale of the problem and the urgent need for legal change.

Why do stateless persons still exist in today’s world?

How is it possible that someone has no citizenship? For most of us, this seems unimaginable – we “simply” have nationality. Reality, however, is often far more complex.

The most common reasons for statelessness include:

Gaps in nationality lawsSome countries only grant citizenship through parents (jus sanguinis). If parents are themselves stateless or unable to prove their identity or nationality, their children may also be at risk of statelessness.
Changes of borders and collapse of StatesThe dissolution of empires, wars and the creation of new countries have all resulted in people “losing” their nationality – as happened, for example, after the breakup of the USSR or Yugoslavia.
Discrimination of minoritiesEntire communities are excluded from access to nationality due to their ethnic origin, religion or membership in a minority group. Well-known examples include the Rohingya in Myanmar and various Roma communities, especially in parts of the Western Balkans.
Lack of birth registrationWithout a birth certificate, many children cannot later prove their identity. Millions of children worldwide are not registered at birth, dramatically increasing the risk of statelessness.
Administrative errors and bureaucratic obstaclesSometimes a lost file, an incorrect entry in a database, or the inability to obtain documents from a country of origin is enough to push a person into a legal “in-between”.
Domestic violence and human traffickingPeople fleeing without documents, or whose documents have been destroyed by abusers, can struggle for years to have their identity formally recognised.

What does this look like in Poland?

Stateless persons live in Poland as well – both those born here and those who arrived from other countries, often fleeing persecution or conflict.

At the Halina Nieć Legal Aid Center, we regularly meet people who:

lost all documents due to war or persecution,
cannot obtain confirmation of nationality from their country of origin,
were born into families that for generations have been excluded from access to civil and political rights.

Global action: GAES and the Statelessness Index

To effectively address the problem, it must first be measured and monitored. That is why global initiatives aimed at eliminating statelessness are so important.

Global Alliance to End Statelessness (GAES)

GAES is an international network of organisations, experts and institutions working together to end statelessness. It conducts advocacy campaigns, educational activities, protection programmes, cooperation with governments and the UN, and develops good practices and policy recommendations.

Statelessness Index (European Network on Statelessness)

The Statelessness Index is a tool developed by the European Network on Statelessness to assess how States address statelessness. It analyses, among others:

statelessness determination procedures,
residence rights and protection mechanisms,
safeguards against childhood statelessness,
access to basic rights,
transparency of data and statistics.

Today, the Index is one of the most important sources of knowledge on how to shape migration and human rights policies.

Statelessness in Poland – what needs to change?

Poland is not free from statelessness. People who have lived for years without any nationality seek our assistance due to legal problems, lack of documents, conflicts in their countries of origin, and the absence of proper legal procedures.

For years, we have monitored legislation and practice, mapping the main obstacles, challenges and legal gaps that prevent stateless persons from leaving the shadows. On this basis, we formulate recommendations to Polish authorities in the hope of rebuilding the system so that no one has to remain in a legal vacuum.

In our assessment, the most urgent changes include:

Establishing a statelessness determination procedureThis does not currently exist in Poland. Stateless persons have no clear pathway to be formally recognised and to obtain protection.
Protecting children from statelessnessThe law should ensure that every child born in Poland who does not acquire any nationality automatically receives Polish citizenship, in line with international standards. Poland still does not fully implement this standard.
Access to documents and minimum protectionStateless persons must have the possibility of legal stay, work, education and access to essential services.
Improving birth registration proceduresEspecially in cases involving undocumented parents or foreign parents.
Collecting reliable dataPoland currently lacks reliable statistics on the number of stateless persons, which makes effective policy planning impossible.

These are realistic and achievable reforms, already implemented in many other European countries.

What can each of us do?

You do not have to be a lawyer or migration expert to support stateless persons. Every form of support matters:

Talk about statelessness – share reliable materials, educate others, raise awareness.
Support organisations – NGOs working with migrants and stateless persons depend on public support.
Refer people in need to legal assistance – our Center provides free legal help.
Take interest in the law – legal change starts with the question: “Could this be done better?”
Support advocacy campaigns and initiatives – your engagement creates real social pressure for change.

Why do we do this?

Because the right to nationality is one of the most fundamental human rights. It is the foundation – without it, it is extremely difficult to exercise other rights: education, healthcare, work and protection.

And yet, millions of people around the world still live in the shadows, in a permanent state of limbo, outside the system.

That is why we organise Statelessness Week every year. That is why we work within the European Network on Statelessness and support the Global Alliance to End Statelessness. That is why we provide free legal assistance to stateless persons, people at risk of statelessness and their families.