1954 Convention Relating to the Status of Stateless Persons
Encyclopedia
Surrounding events
The United Nations CharterUnited Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
and Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
were approved on 10 December 1948. Of significance, the Declaration at Article 15 affirms that
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
The Convention Relating to the Status of Refugees
Convention Relating to the Status of Refugees
The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
was promulgated on 28 July 1951. Despite an original intention, it did not include any content about the status of stateless persons and there was no protocol regarding measures to effect the reduction of statelessness
Statelessness
Statelessness is a legal concept describing the lack of any nationality. It is the absence of a recognized link between an individual and any state....
.
On 26 April 1954, ECOSOC adopted a Resolution to convene a Conference of Plenipotentiaries
Plenipotentiary
The word plenipotentiary has two meanings. As a noun, it refers to a person who has "full powers." In particular, the term commonly refers to a diplomat fully authorized to represent his government as a prerogative...
to 'regulate and improve the status of stateless persons by an international agreement'.
The ensuing Conference adopted the Convention on 28 September 1954.
The Convention
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
entered into force on 6 June 1960.
Key substantive content of convention (summarised)
Article 1
The ConventionTreatyA treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
applies to stateless persons under the protection of the UNHCR but not to those under the protection of other UN Agencies.
It does not apply to persons with rights and obligations acknowledged by their country of residence as indistinguishable from those attached to the possession of that country's nationalityNationalityNationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
.
It does not apply to war criminals or to the perpetrators of crimes against humanity or against peace.
It does not apply to those who have demonstrated themselves to have been enemies of international peace and co-operation.
Article 7
Contracting States shall accord to stateless persons the same treatment as is accorded to aliens generally.
Article 8
No 'exceptional measures' to be taken against stateless persons in a Contracting State because of their former nationality.
Article 9
Provisional measures affecting stateless persons may be taken in time of war or grave emergency where national security is at issue.
Article 10
Forcible removal of a stateless person from territory of a Contracting State due to Second World War to count as residence in that territory.
Article 11
Admonition of States to show sympathy to stateless seaman regularly engaged on ships of that State's flag
Article 12
Personal status (eg. marital status) of a stateless person to be governed by the law of his/her domicile ahead of the law of his/her residenceLex lociIn conflict of laws, the term lex loci is a shorthand version of the choice of law rules that determine the lex causae.The relevant rules are:* Lex fori* Lex loci actus* Lex loci arbitri* Lex loci celebrationis...
.
Article 13
Rights to property to be no less than accorded to aliensAlien (law)In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
generally.
Article 14
Intellectual propertyIntellectual propertyIntellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
rights to be no less than accorded by a Contracting State to its own nationals.
Article 15
Right of association to be no less than accorded by each Contracting State to aliensAlien (law)In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
generally.
Article 16
Stateless persons not to be discriminated against in providing 'security for costs and eventual penalty', or otherwise by courts in Contracting States.
Articles 17-19
Stateless persons to be treated at least as favourably as aliens generally with regard to participation in wage-earning employment.
Articles 20-23
Stateless persons to be treated no less favourably than nationals with respect to rationing, housing, public education, and public relief.
Article 24
Extension of Articles 20-23 to labour legislation and social security.
Article 27
Upon request, Contracting States shall issue travel and identity documents to stateless persons within their territory.
Article 29
No discrimination against stateless persons in fiscal charges.
Article 30
Stateless persons to be permitted to transfer their assets to the place of their resettlement.
Article 31
Stateless persons not to be expelled except on grounds of national security or public order.
Article 34
Interpretation disputes between State parties to be finally referable to the ICJ
Remaining Clauses
Territorial application; federal clause; signature, ratification and entry into force.
State parties
As of 23 September 2011 there were 68 state parties to the convention.Original signatories: Belgium, Brazil, Colombia, Costa Rica, Denmark, Ecuador, El Salvador, France, Germany, Guatemala, Holy See, Honduras, Israel, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Philippines, Sweden, Switzerland, United Kingdom.
Others: Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Austria, Australia, Azerbaijan, Barbados, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Chad, Croatia, Czech Republic, Fiji, Finland, Greece, Guinea, Hungary, Ireland, Kiribati, Korea (Republic of), Latvia, Lesotho, Liberia, Libyan Arab Jamahiriya, Lithuania, Macedonia (The Former Yugoslav Republic of), Malawi, Mexico, Montenegro, Nigeria, Panama, Philippines, Romania, Rwanda, Saint Vincent and the Grenadines, Senegal, Serbia, Slovakia, Slovenia, Spain, Swaziland, Trinidad and Tobago, Tunisia, Uganda, Uruguay, Zambia, Zimbabwe.
Also: Madagascar denounced its accession made in 1962, effective 2 April 1966.
See also
- 1954 Convention Travel Document1954 Convention Travel DocumentA 1954 Convention travel document is a travel document issued to a stateless person by a signatory to the 1954 Convention Relating to the Status of Stateless Persons...
- 1961 Convention on the Reduction of Statelessness1961 Convention on the Reduction of StatelessnessThe Convention was originally intended as a Protocol to the Convention Relating to the Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons was adopted to cover stateless persons who are not refugees and therefore not within the scope of the Convention Relating...
- StatelessnessStatelessnessStatelessness is a legal concept describing the lack of any nationality. It is the absence of a recognized link between an individual and any state....