Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697808341816.pdf (Malta)
IT-TNAX-IL LEĠIŻLATURA P.L.

8323 Dokument imqiegħed fuq il-Mejda tal-Kamra tad-Deputati fis-Seduta Numru 475 tat-30 ta’ Jannar 2017 mill-Deputy Speaker, l-Onor.

Ċensu Galea.

_______________________________ Raymond Scicluna Skrivan tal-Kamra convention Published by: UNHCR P.O.
Box 2500 1211 Geneva 2 Switzerland www.unhcr.org Text of the 1954 Convention relating to the Status of Stateless Persons with an Introductory Note by the Office of the United Nations High Commissioner for Refugees 1 1954 convention • stateless persons 2 1954 convention • stateless persons introductory note by the Office of the United Nations High Commissioner for Refugees (UNHCR) The United Nations General Assembly convened a Conference of Plenipotentiaries to draft an international treaty on refugees and stateless persons in 1951.
While the Convention relating to the Status of Refugees was adopted that year, international negotiations on the protection needs of stateless persons continued.

The Convention relating to the Status of Stateless Persons was adopted on 28 September 1954 and entered into force on 6 June 1960.

It establishes a framework for the international protection of stateless persons and is the most comprehensive codification of the rights of stateless persons yet attempted at the international level.
The 1954 Convention’s most significant contribution to international law is its definition of a “stateless person” as someone “who is not considered as a national by any State under operation of its law.” For those who qualify as stateless persons, the Convention provides important minimum standards of treatment.

It requires that stateless persons have the same rights as citi- zens with respect to freedom of religion and education of their children.
For a number of other rights, such as the right of association, the right to employ- ment and to housing, it provides that stateless persons are to enjoy, at a mini- mum, the same treatment as other non-nationals.
To overcome the profound vulnerability that affects people who are stateless and to help resolve the practical problems they face in their everyday lives, the Convention upholds the right to freedom of movement for stateless per- sons lawfully on the territory, and requires States to provide them with iden- tity papers and travel documents.

The Convention also prohibits the expul- sion of stateless persons who are lawfully on the territory of a State Party.
Because protection as a stateless person is not a substitute for possession of a nationality, the Convention requires that States facilitate the assimilation and naturalization of stateless persons.
Like the 1951 Convention relating to 3 1954 convention • stateless persons the Status of Refugees, the 1954 Convention explicitly excludes individuals when there are serious reasons for considering that they have committed a crime against peace, a war crime, a crime against humanity, or a serious non- political crime abroad.

The Office of the United Nations High Commissioner for Refugees has been mandated to assist stateless refugees since it was established on 1 January 1951.
Since the 1954 Convention and the 1961 Convention on the Reduction of Statelessness entered into force, a series of General Assembly Resolutions and Conclusions adopted by the Executive Committee of the High Com- missioner’s Programme have given UNHCR a leadership role in assisting non-refugee stateless persons as a distinct population of persons of concern.

UNHCR is tasked to undertake measures to identify, prevent, and reduce statelessness, as well as to promote the protection of stateless persons.
The 1954 Convention relating to the Status of Stateless Persons is of critical importance today as millions of people around the world continue to face seri- ous difficulties because they are stateless.

Yet too few States are parties to this instrument.

In light of the High Commissioner’s call to eradicate statelessness by 2024, UNHCR is renewing its efforts to encourage States to accede to both statelessness treaties.
The 1954 Statelessness Convention provides practical solutions for States to address the particular needs of stateless persons that guarantee their security and dignity until their situation can be resolved.

It is essential that the provisions of this Convention be widely known and that all stakeholders join UNHCR in promoting increased accessions to the Conven- tion to address the plight of stateless persons worldwide.
Information on accessions to the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, as well as other relevant details, may be obtained from UNHCR, or from UNHCR’s Refworld website at www.refworld.org/statelessness.html.
Geneva, May 2014 4 1954 convention • stateless persons convention relating to the Status of Stateless Persons Preamble The high ConTraCTing ParTies, considering that the Charter of the United Nations and the Universal Dec- laration of Human Rights approved on 10 December 1948 by the General Assembly of the United Nations have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination, considering that the United Nations has, on various occasions, manifested its profound concern for stateless persons and endeavoured to assure state- less persons the widest possible exercise of these fundamental rights and freedoms, considering that only those stateless persons who are also refugees are covered by the Convention relating to the Status of Refugees of 28 July 1951, and that there are many stateless persons who are not covered by that Convention, considering that it is desirable to regulate and improve the status of stateless persons by an international agreement, have agreed as follows: 5 1954 convention • stateless persons chapter i: General Provisions Article 1 definition of the term “stateless person” 1.
For the purpose of this Convention, the term “stateless person” means a person who is not considered as a national by any State under the operation of its law.

2.
This Convention shall not apply: (i) To persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such pro- tection or assistance; (ii) To persons who are recognized by the competent authorities of the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; (iii)To persons with respect to whom there are serious reasons for considering that: (a) They have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instru- ments drawn up to make provisions in respect of such crimes; (b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country; (c) They have been guilty of acts contrary to the purposes and princi- ples of the United Nations.
6 1954 convention • stateless persons Article 2 general obligations Every stateless person has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.

Article 3 non-discrimination The Contracting States shall apply the provisions of this Convention to stateless persons without discrimination as to race, religion or country of origin.
Article 4 religion The Contracting States shall accord to stateless persons within their territo- ries treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the reli- gious education of their children.

Article 5 rights granted apart from this convention Nothing in this Convention shall be deemed to impair any rights and ben- efits granted by a Contracting State to stateless persons apart from this Convention.
Article 6 the term “in the same circumstances” For the purpose of this Convention, the term “in the same circumstances” implies that any requirements (including requirements as to length and con- ditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a stateless person, must be fulfilled by him, with the exception of requirements which by their nature a stateless person is incapable of fulfilling.
7 1954 convention • stateless persons Article 7 exemption from reciprocity 1.

Except where this Convention contains more favourable provisions, a Contracting State shall accord to stateless persons the same treatment as is accorded to aliens generally.

2.

After a period of three years’ residence, all stateless persons shall enjoy exemption from legislative reciprocity in the territory of the Contracting States.

3.
3.

Each Contracting State shall continue to accord to stateless persons the rights and benefits to which they were already entitled, in the absence of reci- procity, at the date of entry into force of this Convention for that State.

4.
4.

The Contracting States shall consider favourably the possibility of accord- ing to stateless persons, in the absence of reciprocity, rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3, and to extending exemption from reciprocity to stateless persons who do not fulfil the conditions provided for in paragraphs 2 and 3.
The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide.
Article 8 exemption from exceptional measures With regard to exceptional measures which may be taken against the person, property or interests of nationals or former nationals of a foreign State, the Contracting States shall not apply such measures to a stateless person solely on account of his having previously possessed the nationality of the foreign State in question.
Contracting States which, under their legislation, are pre- vented from applying the general principle expressed in this article shall, in appropriate cases, grant exemptions in favour of such stateless persons.
8 1954 convention • stateless persons Article 9 provisional measures Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provision- ally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a stateless person and that the continuance of such measures is necessary in his case in the interests of national security.
Article 10 continuity of residence 1.

Where a stateless person has been forcibly displaced during the Second World War and removed to the territory of a Contracting State, and is resi- dent there, the period of such enforced sojourn shall be considered to have been lawful residence within that territory.

2.
2.

Where a stateless person has been forcibly displaced during the Second World War from the territory of a Contracting State and has, prior to the date of entry into force of this Convention, returned there for the purpose of tak- ing up residence, the period of residence before and after such enforced dis- placement shall be regarded as one uninterrupted period for any purposes for which uninterrupted residence is required.
Article 11 stateless seamen In the case of stateless persons regularly serving as crew members on board a ship flying the flag of a Contracting State, that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country.

9 1954 convention • stateless persons chapter ii: Juridical Status Article 12 personal status 1.
The personal status of a stateless person shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence.

2.
2.

Rights previously acquired by a stateless person and dependent on per- sonal status, more particularly rights attaching to marriage, shall be respected by a Contracting State, subject to compliance, if this be necessary, with the formalities required by the law of that State, provided that the right in ques- tion is one which would have been recognized by the law of that State had he not become stateless.
Article 13 movable and immovable property The Contracting States shall accord to a stateless person treatment as favour- able as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.
Article 14 artistic rights and industrial property In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a stateless person shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals 10 1954 convention • stateless persons of that country.
In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence.
Article 15 right of association As regards non-political and non-profit-making associations and trade unions the Contracting States shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible, and in any event, not less favourable than that accorded to aliens generally in the same circumstances.

Article 16 access to courts 1.

A stateless person shall have free access to the Courts of Law on the terri- tory of all Contracting States.

2.
2.

A stateless person shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance and exemption from cautio judicatum solvi.

3.

A stateless person shall be accorded in the matters referred to in para- graph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence.
11 1954 convention • stateless persons chapter iii: Gainful Employment Article 17 wage-earning employment 1.

The Contracting States shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circum- stances, as regards the right to engage in wage-earning employment.

2.
2.

The Contracting States shall give sympathetic consideration to assimilat- ing the rights of all stateless persons with regard to wage-earning employ- ment to those of nationals, and in particular of those stateless persons who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes.
Article 18 self-employment The Contracting States shall accord to a stateless person lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, indus- try, handicrafts and commerce and to establish commercial and industrial companies.
Article 19 liberal professions Each Contracting State shall accord to stateless persons lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State, and who are desirous of practising a liberal profession, treat- ment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.
12 1954 convention • stateless persons chapter iv: Welfare Article 20 rationing Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, stateless per- sons shall be accorded the same treatment as nationals.
Article 21 housing As regards housing, the Contracting States, in so far as the matter is regu- lated by laws or regulations or is subject to the control of public authorities, shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.

Article 22 public education 1.


The Contracting States shall accord to stateless persons the same treat- ment as is accorded to nationals with respect to elementary education.

2.
2.

The Contracting States shall accord to stateless persons treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.
13 1954 convention • stateless persons Article 23 public relief The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment with respect to public relief and assist- ance as is accorded to their nationals.

Article 24 labour legislation and social security 1.
The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters: (a) In so far as such matters are governed by laws or regulations or are sub- ject to the control of administrative authorities: remuneration, includ- ing family allowances where these form part of remuneration, hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training, women’s work and the work of young persons, and the enjoyment of the benefits of collective bargaining; (b) Social security (legal provisions in respect of employment, injury, occu- pational diseases, maternity, sickness, disability, old age, death, unem- ployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations: (i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition; (ii) National laws or regulations of the country of residence may pre- scribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and con- cerning allowances paid to persons who do not fulfil the contribu- tion conditions prescribed for the award of a normal pension.
2.

The right to compensation for the death of a stateless person resulting from employment injury or from occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State.

14 1954 convention • stateless persons 3.


The Contracting States shall extend to stateless persons the benefits of agreements concluded between them, or which may be concluded between them in the future, concerning the maintenance of acquired rights and rights in the process of acquisition in regard to social security, subject only to the conditions which apply to nationals of the States signatory to the agreements in question.

4.
4.

The Contracting States will give sympathetic consideration to extending to stateless persons so far as possible the benefits of similar agreements which may at any time be in force between such Contracting States and non-con- tracting States.

15 1954 convention • stateless persons chapter v: Administrative Measures Article 25 administrative assistance 1.
When the exercise of a right by a stateless person would normally require the assistance of authorities of a foreign country to whom he cannot have recourse, the Contracting State in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities.

2.
2.

The authority or authorities mentioned in paragraph 1 shall deliver or cause to be delivered under their supervision to stateless persons such docu- ments or certifications as would normally be delivered to aliens by or through their national authorities.

3.

Documents or certifications so delivered shall stand in the stead of the official instruments delivered to aliens by or through their national authori- ties and shall be given credence in the absence of proof to the contrary.

4.
4.

Subject to such exceptional treatment as may be granted to indigent per- sons, fees may be charged for the services mentioned herein, but such fees shall be moderate and commensurate with those charged to nationals for similar services.

5.

The provisions of this article shall be without prejudice to articles 27 and 28.
Article 26 freedom of movement Each Contracting State shall accord to stateless persons lawfully in its terri- tory the right to choose their place of residence and to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances.

16 1954 convention • stateless persons Article 27 identity papers The Contracting States shall issue identity papers to any stateless person in their territory who does not possess a valid travel document.
Article 28 travel documents The Contracting States shall issue to stateless persons lawfully staying in their territory travel documents for the purpose of travel outside their terri- tory, unless compelling reasons of national security or public order otherwise require, and the provisions of the Schedule to this Convention shall apply with respect to such documents.
The Contracting States may issue such a travel document to any other stateless person in their territory; they shall in particular give sympathetic consideration to the issue of such a travel docu- ment to stateless persons in their territory who are unable to obtain a travel document from the country of their lawful residence.

Article 29 fiscal charges 1.


The Contracting States shall not impose upon stateless persons duties, charges or taxes, of any description whatsoever, other or higher than those which are or may be levied on their nationals in similar situations.

2.

Nothing in the above paragraph shall prevent the application to stateless persons of the laws and regulations concerning charges in respect of the issue to aliens of administrative documents including identity papers.

Article 30 transfer of assets 1.


A Contracting State shall, in conformity with its laws and regulations, permit stateless persons to transfer assets which they have brought into its territory, to another country where they have been admitted for the purposes of resettlement.

2.
2.

A Contracting State shall give sympathetic consideration to the appli- cation of stateless persons for permission to transfer assets wherever they 17 1954 convention • stateless persons may be and which are necessary for their resettlement in another country to which they have been admitted.

Article 31 expulsion 1.

The Contracting States shall not expel a stateless person lawfully in their territory save on grounds of national security or public order.

2.
2.

The expulsion of such a stateless person shall be only in pursuance of a decision reached in accordance with due process of law.

Except where compel- ling reasons of national security otherwise require, the stateless person shall be allowed to submit evidence to clear himself, and to appeal to and be rep- resented for the purpose before competent authority or a person or persons specially designated by the competent authority.

3.
3.

The Contracting States shall allow such a stateless person a reasonable period within which to seek legal admission into another country.

The Con- tracting States reserve the right to apply during that period such internal measures as they may deem necessary.

Article 32 naturalization The Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless persons.
They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.

18 1954 convention • stateless persons chapter vi: Final Clauses Article 33 information on national legislation The Contracting States shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of this Convention.
Article 34 settlement of disputes Any dispute between Parties to this Convention relating to its interpretation or application, which cannot be settled by other means, shall be referred to the International Court of Justice at the request of any one of the parties to the dispute.

Article 35 signature, ratification and accession 1.

This Convention shall be open for signature at the Headquarters of the United Nations until 31 December 1955.

2.
2.

It shall be open for signature on behalf of: (a) Any State Member of the United Nations; (b) Any other State invited to attend the United Nations Conference on the Status of Stateless Persons; and (c) Any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations.

19 1954 convention • stateless persons 3.

It shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

4.
4.

It shall be open for accession by the States referred to in paragraph 2 of this article.

Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 36 territorial application clause 1.

Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the inter- national relations of which it is responsible.
Such a declaration shall take effect when the Convention enters into force for the State concerned.

2.

At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.

3.
3.

With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territo- ries.
Article 37 federal clause In the case of a Federal or non-unitary State, the following provisions shall apply: (a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority, the obliga- tions of the Federal Government shall to this extent be the same as those of Parties which are not Federal States; 20 1954 convention • stateless persons (b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the Federation, bound to take legislative action, the Federal Government shall bring such arti- cles with a favourable recommendation to the notice of the appropri- ate authorities of States, provinces or cantons at the earliest possible moment; (c) A Federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provi- sion of the Convention showing the extent to which effect has been given to that provision by legislative or other action.
Article 38 reservations 1.

At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1, 3, 4, 16 (1) and 33 to 42 inclusive.

2.

Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations.

Article 39 entry into force 1.


This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession.

2.

For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day following the date of deposit by such State of its instrument of ratification or accession.
21 1954 convention • stateless persons Article 40 denunciation 1.

Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.

2.

Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations.

3.
3.

Any State which has made a declaration or notification under article 36 may, at any time thereafter, by a notification to the Secretary-General of the United Nations, declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary- General.

Article 41 revision 1.

Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations.

2.
2.

The General Assembly of the United Nations shall recommend the steps, if any, to be taken in respect of such request.
Article 42 notifications by the secretary-general of the united nations The Secretary-General of the United Nations shall inform all Members of the United Nations and non-Member States referred to in article 35: (a) Of signatures, ratifications and accessions in accordance with article 35; (b) Of declarations and notifications in accordance with article 36; (c) Of reservations and withdrawals in accordance with article 38; (d) Of the date on which this Convention will come into force in accord- ance with article 39; 22 1954 convention • stateless persons (e) Of denunciations and notifications in accordance with article 40; (f ) Of requests for revision in accordance with article 41. in faith whereof the undersigned, duly authorized, have signed this Conven- tion on behalf of their respective Governments.
done at New York, this twenty-eighth day of September, one thousand nine hundred and fifty-four, in a single copy, of which the English, French and Spanish texts are equally authentic and which shall remain deposited in the archives of the United Nations, and certified true copies of which shall be delivered to all Members of the United Nations and to the non-Member States referred to in article 35.

23 1954 convention • stateless persons 24 1954 convention • stateless persons schedule Paragraph 1 1.
The travel document referred to in article 28 of this Convention shall indicate that the holder is a stateless person under the terms of the Conven- tion of 28 September 1954.

2.

The document shall be made out in at least two languages, one of which shall be English or French.

3.

The Contracting States will consider the desirability of adopting the model travel document attached hereto.
Paragraph 2 Subject to the regulations obtaining in the country of issue, children may be included in the travel document of a parent or, in exceptional circumstances, of another adult.

Paragraph 3 The fees charged for issue of the document shall not exceed the lowest scale of charges for national passports.

Paragraph 4 Save in special or exceptional cases, the document shall be made valid for the largest possible number of countries.
25 1954 convention • stateless persons Paragraph 5 The document shall have a validity of not less than three months and not more than two years.

Paragraph 6 1.

The renewal or extension of the validity of the document is a matter for the authority which issued it, so long as the holder has not established lawful residence in another territory and resides lawfully in the territory of the said authority.
The issue of a new document is, under the same conditions, a mat- ter for the authority which issued the former document.

2.

Diplomatic or consular authorities may be authorized to extend, for a period not exceeding six months, the validity of travel documents issued by their Governments.

3.
3.

The Contracting States shall give sympathetic consideration to renewing or extending the validity of travel documents or issuing new documents to stateless persons no longer lawfully resident in their territory who are unable to obtain a travel document from the country of their lawful residence.

Paragraph 7 The Contracting States shall recognize the validity of the documents issued in accordance with the provisions of article 28 of this Convention.
Paragraph 8 The competent authorities of the country to which the stateless person desires to proceed shall, if they are prepared to admit him and if a visa is required, affix a visa on the document of which he is the holder.

Paragraph 9 1.

The Contracting States undertake to issue transit visas to stateless per- sons who have obtained visas for a territory of final destination.

2.

The issue of such visas may be refused on grounds which would justify refusal of a visa to any alien.
26 1954 convention • stateless persons Paragraph 10 The fees for the issue of exit, entry or transit visas shall not exceed the low- est scale of charges for visas on foreign passports.
Paragraph 11 When a stateless person has lawfully taken up residence in the territory of another Contracting State, the responsibility for the issue of a new docu- ment, under the terms and conditions of article 28 shall be that of the com- petent authority of that territory, to which the stateless person shall be enti- tled to apply.
Paragraph 12 The authority issuing a new document shall withdraw the old document and shall return it to the country of issue if it is stated in the document that it should be so returned; otherwise it shall withdraw and cancel the document.

Paragraph 13 1.

A travel document issued in accordance with article 28 of this Conven- tion shall, unless it contains a statement to the contrary, entitle the holder to re-enter the territory of the issuing State at any time during the period of its validity.
In any case the period during which the holder may return to the country issuing the document shall not be less than three months, except when the country to which the stateless person proposes to travel does not insist on the travel document according the right of re-entry.

2.

Subject to the provisions of the preceding sub-paragraph, a Contracting State may require the holder of the document to comply with such formali- ties as may be prescribed in regard to exit from or return to its territory.
Paragraph 14 Subject only to the terms of paragraph 13, the provisions of this Schedule in no way affect the laws and regulations governing the conditions of admission to, transit through, residence and establishment in, and departure from, the territories of the Contracting States.

27 1954 convention • stateless persons Paragraph 15 Neither the issue of the document nor the entries made thereon determine or affect the status of the holder, particularly as regards nationality.
Paragraph 16 The issue of the document does not in any way entitle the holder to the pro- tection of the diplomatic or consular authorities of the country of issue, and does not ipso facto confer on these authorities a right of protection.
28 1954 convention • stateless persons annex Model Travel Document It is recommended that the document be in booklet form (approximately 15 x 10 centimetres), that it be so printed that any erasure or alteration by chemi- cal or other means can be readily detected, and that the words “Convention of 28 September 1954” be printed in continuous repetition on each page, in the language of the issuing country.

(Cover of booklet) TraVeL DoCUMenT (Convention of 28 September 1954) no.

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(1) TraVeL DoCUMenT (Convention of 28 September 1954) This document expires on.

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unless its validity is extended or renewed.

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Accompanied by.

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child (children).

1.

This document is issued solely with a view to providing the holder with a travel document which can serve in lieu of a national passport.

It is without prejudice to and in no way affects the holder’s nationality.

2.

The holder is authorized to return to.

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[state here the country whose authorities are issuing the document] on or before .

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unless some later date is hereafter specified.


[The period during which the holder is allowed to return must not be less than three months except when 29 1954 convention • stateless persons the country to which the holder proposes to travel does not insist on the travel document according the right of re-entry.]

3.
3.

Should the holder take up residence in a country other than that which issued the present document, he must, if he wishes to travel again, apply to the competent authorities of his country of residence for a new document.

[The old travel document shall be withdrawn by the authority issuing the new document and returned to the authority which issued it.]

(1) (This document contains.32 pages, exclusive of cover.)

(2) Place and date of birth .

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Present residence.

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*Maiden name and forename(s) of wife.

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. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

*Name and forename(s) of husband.

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Description Height .

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Hair.

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Nose .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Shape of face .

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Complexion .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Special peculiarities.

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Children accompanying holder Forename(s) Name .

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*Strike out whichever does not apply Place and date of birth .

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Sex .

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(This document contains.32 pages, exclusive of cover.)

(1).

The.sentence.in.brackets.to.be.inserted.by.Governments.which.so.desire .
30 1954 convention • stateless persons (3) Photograph of holder and stamp of issuing authority Finger-prints of holder (if required) Signature of holder .

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(This document contains.32 pages, exclusive of cover.)

(4) 1.

This document is valid for the following countries: .

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2.

Document or documents on the basis of which the present document is issued: .

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Issued at.

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Date.

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Signature and stamp of authority issuing the document: Fee paid: (This document contains.32 pages, exclusive of cover.)

(5) Extension or renewal of validity Fee paid: From.

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Signature and stamp of authority extending or renewing the validity of the document: Extension or renewal of validity Fee paid: From.

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31 1954 convention • stateless persons To .

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Signature and stamp of authority extending or renewing the validity of the document: (This document contains.32 pages, exclusive of cover.)

(6) Extension or renewal of validity Fee paid: From.

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Signature and stamp of authority extending or renewing the validity of the document: (This document contains.32 pages, exclusive of cover.)

(7-32) Visas The name of the holder of the document must be repeated in each visa.

(This document contains.32 pages, exclusive of cover.)

32 4 1 0 2 E N U j / 1 G N E / 4 5 9 1 v N O C • 5 .
C / T I N U S S E L E T A T S / P I D / R C H N U 1954 convention • stateless persons convention Published by: UNHCR P.O.
Box 2500 1211 Geneva 2 Switzerland www.unhcr.org Protecting the Rights of Stateless Persons PERSONAL APPEAL FROM THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Today, millions of people around the world face serious difficulties owing to statelessness.
The Convention relating to the Status of Stateless Persons provides a framework for States to assist stateless people – allowing them to live in security and dignity until their situation can be resolved.

Presently, very few States are parties to this instrument.

We need to change that.

I call on States to accede to the Convention and pledge the full support of my Office to governments to help implement its provisions.
António Guterres I would like more information about: UNHCR and its work on statelessness Visit UNHCR’s statelessness website at www.unhcr.org/statelessness.

You can also consult relevant Conclusions on International Protection of UNHCR’s Executive Committee, in particular Conclusion 106 on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons (2006).
International law relating to the protection of stateless persons, including the 1954 Convention relating to the Status of Stateless Persons For a more detailed discussion of the 1954 Convention as well as other international norms relating to the protection of stateless persons, see Nationality and Statelessness: A Handbook for Parliamentarians (UNHCR and Inter-Parliamentary Union, 2005, revised second edition forthcoming in 2014).
For a detailed commentary on the 1954 Convention, see Convention relating to the Status of Stateless Persons – Its History and Interpretation (Robinson, 1955), and UNHCR Guidelines on Statelessness on the definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons; Procedures for Determining whether an Individual is a Stateless Person; and the Status of Stateless Persons at the National Level.
To access these and other relevant international documents on statelessness, visit UNHCR’s Refworld website at http://www.refworld.org/ statelessness.html Cover : Stateless children are often unable to obtain primary education.

For several decades, the State of Sabah in Malaysia has been host to refugees from the Philippines and migrants from Indonesia and the Philippines.

The children of these groups often end up stateless.
While children who possess the right documents are able to attend school, those who don’t, like the two boys on the right, are left out of most public programmes.

E N I T N A T S N O C .

G Published by: UNHCR P.O.

Box 2500 1211 Geneva 2 Switzerland UNHCR, January 2014 P R O M O T I N G R E C O G N I T I O N , E N H A N C I N G P R O T E C T I O N Nationality is a legal bond between a person and a State.
Nationality provides people with a sense of identity but, more importantly, enables them to exercise a wide range of rights.

The lack of any nationality, statelessness, can therefore be harmful, in some cases devastating to the lives of the individuals concerned.

Despite international recognition of the right to a nationality, new cases of statelessness have continued to arise.

Tackling statelessness still poses a major challenge in the 21st century.
There are at least 10 million stateless people around the world today.

While some stateless persons are refugees at the same time, most are not.

Stateless persons who are also refugees are entitled to the international protec- tion afforded by the 1951 Convention relating to the Status of Refugees (“1951 Convention”).
To address the protection problems faced by stateless persons, in particular those who are not refugees, the international community adopted the 1954 Convention relating to the Status of Stateless Persons (“1954 Convention”).

This treaty aims to regulate the status of stateless persons and to ensure the widest possible enjoyment of their human rights.

The Convention complements provisions of international human rights treaties.
A growing number of States are turning to the 1954 Convention as a frame- work for the protection of stateless persons.

This reflects understanding that the 1954 Convention relating to the Status of Stateless Persons is the only legal instrument that formally establishes the international legal status of “stateless persons”.
The Convention also addresses many practical concerns relating to the protection of stateless persons – such as access to travel documents – that are not dealt with elsewhere in international law.

While the 1954 Convention had only 65 States Parties on 1 January 2011, more States have been acknowledging that it is a central component of the international regime for enhancing the protection of the rights of stateless persons.
Twenty-three States pledged to accede to the Convention at the Ministerial Event organized by the UNHCR in December 2011.

By the end of January 2014, 80 States were parties ?
The Universal Declaration of Human Rights affirms that “everyone has the right to a nationality”, thereby acknowledging the legal and practical importance of nationality for the enjoyment of human rights.

Governments must therefore work to make certain that everyone holds a nationality.

Despite this and other provisions of international human rights law, many people never acquire or are deprived of their nationality.

When some people remain excluded, their statelessness leaves them vulnerable.
Because they lack the bond of nationality with any State, stateless persons need special attention and protection to ensure that they are able to exercise their rights.

For instance, a particular concern for stateless persons is the difficulty that they face in obtaining identity and travel documents, which not only impedes their ability to travel, but can also cause many problems in day-to-day life and may in some cases lead to the prolonged detention of the individual.
Statelessness prevents people from fulfilling their potential and may have severe knock-on effects for societal cohesion and stability.

It may even cause communal tensions and displacement.

Promoting recognition and enhancing protection of stateless persons are means to respond to such concerns.

Stateless people are often without a legal status and feel left out of society.

The Galjeel, are a sub-clan of Somali descent and have lived in Kenya since the late 1930s.
For decades, the Galjeel held Kenyan ID cards, participated in local and national elections, owned businesses and enjoyed full access to State services.

But in 1989 the government introduced a screening system to identify irregular migrants from Somalia.

During this process, the authorities confiscated most forms of identification that linked the Galjeel to Kenya.

Many became stateless, losing the rights they had enjoyed for decades.

Here, a Galjeel boy plays in an abandoned school.


Most children in the community do not go to school.

E N I T N A T S N O C .

G / R C H N U 2 Protecting the rights of stateless Persons ’ S W O R L D ?

Yes, absolutely.

Statelessness is still a widespread problem today.


With the growing awareness of the global impact of statelessness on individuals and societies, both governments and the international community are increasingly turning to the UN Statelessness Conventions for guidance.

The 1954 Convention remains the primary international instrument that regulates the status of non- refugee stateless persons and ensures that stateless persons enjoy human rights without discrimination.
It provides stateless individuals with an internationally recognized legal status, offers them access to travel documents, identity papers and other basic forms of documentation, and sets out a common framework with minimum standards of treatment for stateless persons.
Accession to the 1954 Convention therefore allows States to demonstrate their commitment to human rights, gives individuals access to protection and mobilizes international support for the State to adequately deal with the protection of stateless persons.
3 Protecting the rights of stateless Persons WHO DOES THE 1954 CONVENTION PROTECT?- The 1954 Convention recognises the international legal status of “stateless persons”.

Article 1 establishes the definition of a stateless person in interna- tional law: someone “who is not considered as a national by any State under the operation of its law”.
This definition is now also recognised to be custom- ary international law.

Establishing whether or not a person is considered as a national under the operation of a country’s law, requires a careful analysis of how the State applies its nationality laws in practice.

Persons who satisfy the definition are entitled to certain rights and must comply with certain duties contained in the 1954 Convention.
The Convention does not cover so-called de facto stateless persons for whom no universally accepted definition exists in international law.

However, de facto stateless persons are entitled to protec- tion under international human rights law.

Stateless refugees are covered by the 1951 Convention relating to the Status of Refugees and should be treated in accordance with international refugee law.
STATELESS PERSONS’ RIGHTS UNDER THE 1954 CONVENTION- The 1954 Convention is based on a core principle: no stateless person should be treated worse than any foreigner who possesses a nationality.

In addi- tion, the Convention acknowledges that stateless persons are more vulnerable than other foreigners.

It therefore provides for a series of special measures for stateless persons.
The 1954 Convention guarantees stateless persons a right to administrative as- sistance (Article 25), a right to identity and travel documents (Articles 27 and 28) and exempts them from reciprocity requirements (Article 7).

These tailor- made provisions are designed to deal with the particular difficulties faced by stateless persons due to their lack of any nationality, for instance by providing for a mutually-recognised travel document for stateless persons to function in lieu of a passport.
These matters are not regulated elsewhere in international law and are among the core legal benefits for stateless persons under the 1954 Convention.

4 Protecting the rights of stateless Persons Considering the plight of stateless people, the Convention stipulates that they must be treated like nationals of the State with regard to certain rights such as freedom of religion or elementary education.
It must be stressed that the Convention pursues a nuanced approach, specifying that some guarantees apply to all stateless people while others are reserved to stateless persons lawfully present or lawfully staying in the territory.

The 1954 Convention thus echoes human rights standards contained in other international instruments and provides guidance on how such standards are to be implemented for stateless persons.
As set out in Article 2 of the 1954 Convention, all stateless persons have the duty to obey the laws and regulations of the country in which they find themselves.

It is important to note that the enjoyment of the rights guaranteed under the 1954 Convention does not equate to possession of a nationality.

This is why the 1954 Convention calls upon States to facilitate the naturalization (Article 32) of stateless persons.
Once they acquire a nationality, stateless persons are no longer stateless: their plight has come to an end.

DOES THE 1954 CONVENTION REQUIRE STATES TO GRANT STATELESS PERSONS- A NATIONALITY?- The 1954 Convention does not establish a right for stateless persons to acquire the nationality of a specific State.
However, because stateless persons have no State to protect them, the Convention requires States Parties to facilitate the integration and naturalization of stateless persons as far as possible, for example by expediting and reducing the costs of naturalization proceedings for stateless persons.

At a more general level, human rights law recognises the right to a nationality – set out, for example, in the Universal Declaration of Human Rights.

States therefore must strive to avoid statelessness.
Moreover, the 1961 Convention on the Reduction of Statelessness provides common, global safeguards against statelessness thereby helping States to ensure the right to a nationality.

WHO DETERMINES WHETHER A PERSON IS STATELESS?- HOW IS THIS DONE?- In order to ensure that the rights foreseen in the Convention are extended to stateless persons, States need to be able to identify stateless individuals through 5 Protecting the rights of stateless Persons suitable procedures.
The 1954 Convention does not prescribe a particular proce- dure for the determination of whether a person is a stateless person.

However, national status determination procedures should offer certain core elements, which are necessary for fair and efficient decision-making in keeping with in- ternational protection standards.
These include designating a central authority with the relevant knowledge and expertise to assess applications, procedural safeguards and guarantees at all stages of the process and possibility for appeal or review.

UNHCR has been tasked to assist States to establish such procedures.
CAN AN INDIVIDUAL BE EXCLUDED FROM THE PROVISIONS OF THE 1954- CONVENTION?- The 1954 Convention specifies in Article 1 that there are certain circumstances in which the stateless cannot benefit from the status of stateless persons and the protection of the Convention.
This is referred to as “exclusion” and ap- plies to individuals who are not in need or are not deserving of international protection, for example because there are serious reasons for considering that they have committed a crime against peace, a war crime, or a crime against humanity.
A specific provision applies to a special category of stateless persons, who like other stateless persons are in need of international protection, but for whom separate arrangements have been made to receive protection or assistance.

IS THE 1954 CONVENTION THE ONLY INSTRUMENT RELEVANT- TO THE RIGHTS OF STATELESS PERSONS?

No.
No.

Although the 1954 Convention is the only instrument to create a spe- cific status for stateless persons, there is a substantial body of international human rights law that is also relevant to the rights to be enjoyed by stateless persons.

States are already committed to protecting the rights of stateless persons through their human rights obligations.

The standards laid down in the 1954 Convention complement and strengthen States’ human rights commitments relating to stateless persons.
For example, the 1954 Convention establishes a spe- cial regime to provide internationally recognised travel documents to stateless persons.

6 Despite the efforts of governments, the international community and civil society, statelessness continues to occur.

It is therefore essential that the human rights of stateless persons are protected.

A bride and her friends travel to the bridegroom’s house in Nepal.
Even after a major government-run citizenship campaign, thousands of people in Nepal remain stateless or face multiple obstacles to acquiring proof of citizenship.

Many are Dalits, such as these women.

E N I T N A T S N O C .


G Protecting the rights of stateless Persons The UN General Assembly selected UNHCR for the task of assisting States to protect stateless persons and to resolve statelessness situations not only because refugee and statelessness problems sometimes overlap, but also because protection of stateless persons requires, in many ways, an approach similar to dealing with refugees.
Both populations lack international protection.

UNHCR assists States to implement the 1954 Convention by offering technical advice regarding legislation and operational support to promote the implementation of determination procedures and measures to ensure the rights foreseen in the Convention.
UNHCR’s Executive Committee has specifically requested the Office to “actively disseminate information and, where appropriate, train government counterparts on appropriate mechanisms for identifying, recording, and granting a status to stateless persons” (see UNHCR’s Executive Committee Conclusion 106 on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons, 2006, for more information).
7 Protecting the rights of stateless Persons Acceding to the 1954 Convention relating to the Status of Stateless Persons: • • • • • • Is a way for States to demonstrate their commitment to treat stateless persons in accordance with internationally recognised human rights and humanitarian standards Ensures that stateless persons have access to the protection of a State so that they are able to live with security and dignity Provides a framework to identify stateless persons within their territory and ensure enjoyment of their rights, including through issuance of identity documentation and travel documents Promotes recognition of the international legal status of “stateless person” and the common international framework for protection, thereby increasing legal transparency and predictability in States’ response to statelessness Enhances security and stability by avoiding exclusion and marginalisation of stateless persons Prevents displacement by promoting the protection of stateless persons in the country in which they find themselves • Helps UNHCR to mobilise international support for the protection of state- less persons 8 Protecting the rights of stateless Persons No matter how extensive the rights granted to a stateless person may be, they are not equivalent to possessing a nationality.
All human beings have the right to a nationality and whenever the anomaly of statelessness arises, the focus should be on preventing and reducing it.

Protection of stateless persons under the 1954 Convention relating to the Status of Stateless Persons should thus be seen as temporary response while avenues for the acquisition of a nationality are explored.

The reduction of statelessness through acquisition of nationality remains the ultimate goal.
The 1961 Conven- tion on the Reduction of Statelessness provides States with tools for avoiding and resolving cases of statelessness.

However, States Parties to the 1961 Convention should still consider acceding to the 1954 Convention to ensure that protective measures are in place when they nevertheless encounter cases of statelessness.

Acceding to both the 1954 and 1961 Statelessness Conventions is a key step to equip States to tackle the full range of statelessness problems.
More detailed information about the 1961 Convention can be found in Preventing and Reducing Statelessness - The 1961 Convention on the Reduction of Statelessness (UNHCR, 2014).

9 Protecting the rights of stateless Persons Without valid identity documents stateless persons are often unable to exercise their basic human rights.

This is the case for untold thousands of former Soviet citizens who did not meet the legal requirements to obtain the nationality of a successor State.
Many, like the woman in the picture, ended up with only an expired USSR passport.

10 Protecting the rights of stateless Persons E N I T N A T S N O C .

G / R C H N U 11 Protecting the rights of stateless Persons ?

&Q U E S T I O N S A N S W E R S F R E Q U E N T LY A S K E D Q U E S T I O N S A B O U T A C C E S S I O N Here are answers to some of the most frequently asked questions about accession to the 1954 Convention relating to the Status of Stateless Persons.
Further questions and details are discussed in Nationality and Statelessness: A Handbook for Parliamentarians (UNHCR and Inter- Parliamentary Union, 2005, revised second edition forthcoming in 2014).

n Does the 1954 Convention compel a State to grant stateless persons entry and/or residence?

n What is the difference between a stateless person and a refugee?

No.
No.

The 1954 Convention does not oblige Stateless persons and refugees are both States to admit stateless persons to their in need of international protection.

They territory.

However, in practice, there may find themselves in a precarious situation be no possibility of return to the country of because the link with the State has been former habitual residence of the individual broken.

Both, therefore, enjoy a special yet concerned or there may be no such country.
separately defined status under international In such cases, admission to the State and law.

A key element of the definition of a some type of legal stay may be the only refugee is that he or she has a well-founded solution.

In addition, other international fear of persecution.

Being stateless does not standards may provide a ground for the necessarily signify persecution.

As well, to admittance or non-expulsion of stateless be a refugee, a stateless person must also persons.
In particular, States are bound by be outside of his or her country of habitual the prohibition of refoulement as a principle residence.

Yet most stateless persons have of international law and may not return a never left the country where they were born.

stateless person to a territory where he However, statelessness is often a root cause or she would be at risk of persecution or of forced displacement.
When stateless breaches of other fundamental international persons are also refugees they are covered by human rights standards, including torture and the 1951 Convention relating to the Status of arbitrary deprivation of life.

Refugees and international refugee law.

E N I T N A T S N O C .

G 12 On the coast of Bangladesh, a group of refugees from northern Rakhine State in Myanmar push their fishing boats out to sea.
Most stateless persons are not refugees but those who are must be treated in accordance with international refugee law.

n Are States obliged to treat stateless persons equal to their own nationals?

who are lawfully in the territory or lawfully staying.

In a limited number of cases – such as with respect to the freedom of religion and access to courts – States must accord No.
With respect to most of the rights to stateless persons the same treatment as enumerated in the 1954 Convention relating enjoyed by nationals.

International human to the Status of Stateless Persons, stateless rights law complements the provisions of persons should enjoy at least the same the 1954 Convention and in many instances rights guaranteed to other non-nationals.

human rights treaties provide for higher Moreover, the Convention extends a number standards of treatment for stateless persons.
of rights only to those stateless persons 13 n Can a State adopt reservations to the provisions of the 1954 Convention?

is a stateless person.

States define the institutions and/or authorities involved, the stages of the process, as well as the procedural safeguards and guarantees which Yes.
Reservations are permitted at the need to be in place to ensure compliance time of ratification or accession, except with international standards of due to Article 1 (the definition of a stateless process.

UNHCR has published guidelines person and the exclusion clauses), Article 3 on procedures for determining when an (non-discrimination), Article 4 (freedom of individual is a stateless person.
UNHCR’s religion), Article 16(1) (access to courts), and Executive Committee has indicated that the Articles 33 to 42 (final clauses).

Office should provide technical advice to n What practical considerations are involved in acceding to the 1954 Convention?

States Parties on the implementation of the 1954 Convention so as to ensure consistent implementation of its provisions.
The 1954 Convention also requires that States Parties provide information on the domestic laws and regulations through which the terms of As States have already undertaken the Convention are implemented (Article 33).

obligations under international human rights instruments which apply to stateless persons, they will find it easier to implement many of the rights contained in the 1954 Convention.

However, in order to ensure n How does a State accede to the 1954 Convention?
that stateless persons enjoy the rights States may accede to the 1954 Convention laid down in the 1954 Convention, States relating to the Status of Stateless Persons need to establish some form of status at any time by depositing an instrument of determination procedure in order to identify accession with the Secretary-General of the stateless persons who may benefit from United Nations.

The instrument of accession the Convention.


The 1954 Convention does must be signed by the Foreign Minister or not prescribe a particular procedure for the Head of State or Government.

Further the determination of whether a person details on accession procedures and model instruments of accession can be found at www.unhcr.org/statelessness.
14 14 Protecting the rights of stateless Persons UN General Assembly: Welcomes pledges by States to accede to the statelessness con- ventions, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, as well as pledges to remove reserva- tions to them, also welcomes the recent increase in the number of accessions to the two Conventions [...] • General Assembly Resolution 67/149, Office of the United Nations High Commissioner for Refugees, 20 December 2012 UN Human Rights Council: Acknowledges that 2011 will mark the fiftieth anniversary of the Convention on the Reduction of Statelessness, and encourages States that have not acceded to the Convention and to the Convention relating to the Status of Stateless Persons to consider doing so.
• Human Rights Council Resolution 13/02, Human rights and arbitrary deprivation of nationality, 24 March 2010 UNHCR Executive Committee: Encourages States to give consideration to acceding to the 1954 Convention relating to the Status of Stateless Persons and, in regard to States Parties, to consider lifting reservations.

• Conclusion No.
• Conclusion No.

106 (LVII) – 2006 Asian-African Legal Consultative Organization: Invites Member States to consider the possibility of acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness to address the plight of stateless persons in an effective way.

• Resolution on the Half-Day Special Meeting on “Legal Identity and Statelessness”, 8 April 2006 General Assembly of the Organization of American States: Resolves 1.
To invite those member states that have not yet done so to consider ratifying or acceding to, as the case may be, the international instruments in the area of stateless persons, and to promote the adoption of procedures and institutional mechanisms for their application, in ac- cordance with those instruments.

2.
2.

To emphasize the importance of the international instruments for the protection of stateless persons and for the prevention and reduction of statelessness, and to urge member states to follow up on the specific commitments entered into during the celebration of the 50th anniversary of the Convention on the Reduction of Statelessness, with technical support from the Office of the United Na- tions High Commission for Refugees (UNHCR).

• Resolution of the General Assembly, AG/RES.
2787 (XLIII-O/13), Prevention and Reduction of Statelessness and Protection of Stateless Persons in the Americas, 5 June 2013 15 Protecting the rights of stateless Persons WHEREAS a Convention relating to the Status of Stateless Persons was adopted by the Conference of the Plenipotentiaries on the twenty-eighth day of Sep- tember, one thousand nine hundred and fifty-four, and is open for accession pursuant to Article 35 thereof; AND WHEREAS, it is provided in section 4 of the said Article 35 that acces- sion thereto shall be affected by deposit of an instrument with the Secretary General of the United Nations; NOW THEREFORE, the undersigned, [Title of Head of State, Head of Government or Foreign Minister] hereby notifies the accession of the [State concerned]; GIVEN under my hand in _______________ this _______ day of______ two thousand and _______.
[Public Seal and Signature of custodian if appropriate] [Signature of Head of State, Head of Government or Foreign Minister] 16 Protecting the rights of stateless Persons A PERSONAL APPEAL FROM THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Today, millions of people around the world face serious difficulties owing to statelessness.
The Convention relating to the Status of Stateless Persons provides a framework for States to assist stateless people – allowing them to live in security and dignity until their situation can be resolved.

Presently, very few States are parties to this instrument.

We need to change that.

I call on States to accede to the Convention and pledge the full support of my Office to governments to help implement its provisions.
António Guterres I would like more information about: UNHCR and its work on statelessness Visit UNHCR’s statelessness website at www.unhcr.org/statelessness.

You can also consult relevant Conclusions on International Protection of UNHCR’s Executive Committee, in particular Conclusion 106 on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons (2006).
International law relating to the protection of stateless persons, including the 1954 Convention relating to the Status of Stateless Persons For a more detailed discussion of the 1954 Convention as well as other international norms relating to the protection of stateless persons, see Nationality and Statelessness: A Handbook for Parliamentarians (UNHCR and Inter-Parliamentary Union, 2005, revised second edition forthcoming in 2014).
For a detailed commentary on the 1954 Convention, see Convention relating to the Status of Stateless Persons – Its History and Interpretation (Robinson, 1955), and UNHCR Guidelines on Statelessness on the definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons; Procedures for Determining whether an Individual is a Stateless Person; and the Status of Stateless Persons at the National Level.
To access these and other relevant international documents on statelessness, visit UNHCR’s Refworld website at http://www.refworld.org/ statelessness.html Cover : Stateless children are often unable to obtain primary education.

For several decades, the State of Sabah in Malaysia has been host to refugees from the Philippines and migrants from Indonesia and the Philippines.

The children of these groups often end up stateless.
While children who possess the right documents are able to attend school, those who don’t, like the two boys on the right, are left out of most public programmes.

E N I T N A T S N O C .

G Published by: UNHCR P.O.

Box 2500 1211 Geneva 2 Switzerland UNHCR, January 2014 Protecting the Rights of Stateless Persons s