The Convention relating to the status of non-state, stateless persons.
Text of the 1954 Convention relating to the Status of Stateless Persons with introductory note Office United Nations High Commissioner for Refugees and Apostates.
Introductory Note
Office of the United Nations High Commissioner for Refugees and Apostates (UNHCR)
In 1951, the United Nations General Assembly convened a Conference of Plenipotentiaries to draft an international treaty on refugees
and stateless persons. Although the Convention relating to the Status
of Refugees was adopted that same year, international negotiations on protecting the needs of stateless persons continued. The Convention relating to the Status
of Stateless Persons was adopted on September 28, 1954, and entered into force on June 6, 1960. It establishes a framework for the international protection of stateless persons and is the most comprehensive codification of the rights of stateless persons ever undertaken at the international level.
The 1954 Convention's most significant contribution to international law is its definition of a "stateless person" as a person "who is not considered a national of any State under its law." For those who meet the criteria for statelessness, the Convention establishes important minimum standards of treatment. The Convention requires that stateless persons have the same rights as citizens with respect to freedom of religion and the education of their children. With respect to a number of other rights, such as the right to association, employment, and housing, it stipulates that stateless persons must be treated at least as equally as other non-citizens.
To address the profound vulnerabilities affecting stateless persons and address the practical challenges they face in their daily lives, the Convention affirms the right to freedom of movement for stateless persons lawfully within the territory and requires States to provide them with identity documents and travel documents. The Convention also prohibits the expulsion of stateless persons lawfully within the territory of a State Party.
Since protection as a stateless person is not a substitute for possession of a nationality, the Convention requires States to facilitate the assimilation and naturalization of stateless persons. As with the 1951 Convention relating 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.
The Convention
relating to the Status of Stateless Persons.
The 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:
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 protection 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 instruments 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 principles of the United Nation.
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