It is important to distinguish between these two contexts, as the distinction suggests the possible remedies and rights that the different groups are entitled to under international law. Under international law, there are two types of statelessness – de jure statelessness and de facto statelessness. A person is considered de jure stateless if they meet the universal definition provided under the 1945 Convention Relating to the Status of Stateless Persons, which is “a person not considered as a national by any State under the operation of its law”. On the other hand, a person is considered de facto stateless if they have a nationality and are outside the territory of their country of nationality but are unable to seek the protection of that country. Stateless refugees are therefore de facto stateless (Peter McMullin Centre on Statelessness, 2020). Only de jure stateless persons qualify for the protections under the Statelessness Conventions (1954 Convention and 1961 Convention) whereas de facto stateless persons fall outside the protection under these Conventions. Therefore, it is important for States to identify who is stateless through a statelessness determination procedure (SDP) so that stateless persons can access the rights and protection afforded to them under the 1954 Convention. Having SDPs helps states identify stateless persons to ensure they can access the rights they are entitled to until they acquire a nationality. Stateless persons in a migratory context are suitable for identification through SDPs. However, the UNHCR Handbook on the Protection of Stateless Persons (UNHCR, 2014) recommends that SDPs are not appropriate for in situ stateless persons because of their long-established ties to their countries, either through long-term habitual residence or as a residence at the time of state succession. For in situ stateless persons, it is recommended for States to undertake targeted nationality campaigns or nationality verification efforts to grant these in situ persons nationality, instead of using SDPs. This report takes the stance that the term ‘stateless’ will encompass all populations that are operationally stateless, i.e. the core of the issue is the relationship of said population with the government in their country of residence. This is crucial as day-to-day life and lived experiences depend on this relationship. 7