STEPS TAKEN BY MODLOVAN REPUBLIC IN THE CONTEXT OF ACCESSION TO THE 1954 UNITED NATIONS CONVENTION ON THE STATUTE OF STATELESS PERSONS

Prevention of statelessness and protection of stateless persons should be a priority for all states.

             

Under the Action Plan in the field of migration and asylum system for the years 2010-2011, Ministry of Internal Affairs has the task to prepare the draft Law on accession of Moldova to the 1954 United Nation Convention on the statute of stateless persons and the draft Law on the accession to the 1961 UN Convention to reduce the stateless cases.

The National Program of implementing the Action Plan Moldovan Republic- European Union in the field of liberalization of the visas conditions stipulates the necessity to adjust the national legislation to the foresights of the 1954 Convention on the statute of stateless persons.

Arguments concerning the accession of Moldovan Republic to the UN Conventions on statelessness  

            1. Demonstrating commitment of cooperation of the Republic of Moldova in the international community to reduce and eliminate statelessness;   

            2. Improving the stability and the international relations;

            3. Continuing the process of harmonization of the legislation and internal procedures in the field of migration and asylum in the EU legislation and international standards;

            4. Increasing the protection of human rights and of the dignity of individuals;

            5. Establish the mechanism of determination of the statute of stateless person;

            6. Providing to the stateless persons the access to the national protection (both, to rights and obligations).

1954 Convention on the statute of stateless persons defines ‘’stateless”, governing their statute, and ensure that stateless persons beneficiate the fundamental rights and obligations without discrimination.

           

Regardless of how the 1954 Convention becomes part of internal law, it does not establish the procedures of determination of the statute of stateless person.

Now, Moldovan Republic does not have specific rules that would establish the procedures of determination the statelessness or an administrative authority which could determinate the statute of a person in this regard.

In the context of accession to the 1954 Convention on the statute of statelessness person, MIA elaborated the draft Law to complete and supplementing certain legislative documents by which was proposed: 

1. Definition of “stateless” in accordance with the Convention.

2. Modification of the aspects of the stateless person’s documentation with identity acts.

3. Creating a legal mechanism to determinate the statute of stateless (authority responsible of the determination of the statute of stateless person –competent for foreigners).

PROCEDURE OF RECOGNITION OF THE STATUTE OF STATELESS PERSON

1. Filing the request (application)

2. Interview

3. The examination of the request

4. The release of the decision

ACCESS TO THE PROCEDURE  

- The procedure of recognition the statute of stateless person may be initiated by the competent authority for foreigners, from the office or at the request of the person who claims that he don’t have any citizenship (art. 87¹ paragraph (1));

- Any person on the Moldovan territory can apply regardless of the statute or residence they have on the territory of Moldovan Republic;

- The application may be submitted written or verbal form;

- The application must contain a clear and detailed explanation of the facts, information and evidences necessary to support the request and, in particular, must be mentioned the birth place, the relationship with persons that have a citizenship of a state, habitual residence place in any other state and it’s duration.

INTERVIEW

1. The interview is recorded in written form in a note of interview and it will include the following information:

a) Identification dates (full names, previously full names, previous citizenship, gender, birth place and date, parents names);

b) the fact of presentation of any necessary information for the solving of the application;

c) the dates on the presented documents (type, number of the document, validity term, issue date and place, name of the issuing authority);

d) marital status, place of marriage;

e) occupation and education;

f) place of residence in the Republic of Moldova;

2. In the interview the applicant shall state the reasons for the application and submit any other available evidences to support the application, which were not previously presented.

The applicant will be informed about this obligation in the beginning of the interview.

EVIDENCES

1. During the examination of the application, the applicant can present any other evidences or information to support the request..  

2. Official documents issued by the authorities of other states are accepted by the competent authority for foreigners, as facts with probative force.

3. In order to obtain the necessary documents to support the application, the competent authority for foreigners will contact the state authorities, diplomatic missions and consular offices of the Republic of Moldova accredited abroad.

The task of the proof falls on both, on the applicant and on the competent authority for foreigners.          

Competent authority for foreigners has the active role in establishing the relevant facts for each case.   

PROCEDURAL SAFEGUARDS

• During the examination of the application, the applicant has the right to stay on the Moldovan Republic territory and can be removed only there national security reasons or public order;    

• I the applicant do not speak the state language, he will be provided with an interpreter who speak his native language or any other language that is understood by the applicant

• Competent authority for foreigners shall issue to the applicant a certificate which confirms his statute (confirmation certificate) throughout the period of examination of the application;

• Unaccompanied minors, in the interview, will be assisted by the representative of the institution in which they are in placement, designated by the administration of the institution, and for accompanied minors, by one of the parents;

• People with psychiatric disorders (mental illness or mental deficiency) or with limited exercise capacity, in the interview will be accompanied by a tutor, if necessary a physician, in function of the conditions under the law.

DECISION ON DETERMINING THE STATUT OF STATELESS PERSON

 1. The decision on recognizing the statute of stateless person will be communicated to the applicant within 3 working days from approval, through direct communication. 

2. The foreigner who has been recognized as a stateless person shall be issued identity documents referred to ht art. 72 paragraph (1) c), and will enjoy the rights, freedoms and duties under the Moldovan Constitution and Law  nr.275-XIII from 10 November 1994 on the legal status of foreign citizens and stateless persons in Republic of Moldova.

REFUSAL OF THE APPLICATION FOR RECOGNITION OF THE STATUTE OF STATELESS PERSON 

• receiving protection or assistance from the organs or agencies of the United Nations – other that the United Nations High Commissioner for Refugees – during the granting of this protection or assistance;

• there are serious reasons to consider that was committed a crime against peace, a war crime or a crime against humanity, under international treaties to which the Republic of Moldova is a part;

• there are serious reasons to consider that was committed a non-political crime outside the country, before being admitted on the territory of the Moldovan Republic;

• there are serious reasons to consider that he was accused of committing acts contrary to the purposes and principles of the United Nations;

• holds the citizenship of the Moldovan Republic, residence state or any other state;

Cancellation of the statute of stateless person

• Competent authority for foreigners may cancel, by reasoned decision, the statute of stateless person, if it is established that some documents or evidences which were decisive for the recognition are fake and there are no other reasons for the maintaining the statute of stateless person;       

Decision on cancellation the statute of stateless person is communicated to the applicant in written, during 3 working days from the date of issue. The decision may be appealed in court, according by the legislation.   

Termination of the statute of stateless person  

• The statute of stateless person shall cease automatically when the stateless person has acquired the citizenship of the Moldovan Republic or the citizenship of any other country.  

THE ROLE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES IN THE PROCEDURE    

The representatives of the United Nations High Commissioner for Refugees (UNHCR ) have access, upon request, to the information on applications of recognition the statute of stateless person, in proceeding and taken decisions, with the condition that the applicant agree with this regard.     

Olesea Cotoman,

Consultant of the Migration policy Direction

Natalia Kistruga,

Main specialist of the Refugee Direction  

Bureau of Migration and Asylum,

Ministry of Internal Affairs

(Extract from the communicate  STEPS TAKEN BY MODLOVAN REPUBLIC IN THE CONTEXT OF ACCESSION TO THE 1954 UNITED NATIONS CONVENTION ON THE STATUTE OF STATELESS PERSONS presented In the Round Table: STATELESSNESS: NATIONAL AND INTERNATIONAL LEGAL ASPECTS)