Statelessness Determination Procedure enters into force in Costa Rica
Yesterday, the Executive Decree Number 39620-RE-G that establishes the ¨Regulation for the declaration of the Stateless Person Condition¨ entered into force in Costa Rica.
The regulation contains a procedure that includes the following principles:
-No sanction for entry or irregular permanence,
-Equality principle and non-discrimination,
-Evidence procedures and validation,
-Gratuity principle, and
Based on the new regulation, the procedure initiates with the request for stateless condition that can be presented by individuals in verbal or written form before the Ministry of Foreign Affairs and Workship. Once the request is presented, the person must present itself before the Ministry, where the necessary information regarding the procedure will be provided and a date for an interview will be assigned. While the procedure follows, the person will be eligible to receive a provisional document that accredits him/her as a statelessness applicant. The State will request information to other States to determine if the applicant is considered as national by other State according to its legislation. The Ministry of Foreign Affairs and Workship will issue a resolution concerning the statelessness request and will notify it to the applicant. This process is free of charge and must be solved within a timeframe of 12 months that can only be renewed for a maximum of 24 months. The regulation recognizes the rights contained in the Convention Relating to the Status of Stateless Persons of 1954 and the General Migration Law. Furthermore, it establishes obligations regulated by the previous mentioned instruments and the Constitution, laws, and regulations of Costa Rica. The statelessness condition can be ceased, cancelled or revoked according to specific rules contained in the new regulation, which are guided by the Convention Relating to the Status of Stateless Persons.
Red ANA welcomes the entry into force of this Decree in Costa Rica, which positions the country as the second in the region to adopt a process that allows for the prevention of statelessness cases and guarantees the protection of stateless declared persons, including the access to processes to obtain a nationality.