| Preamble
The High Contracting Parties,
Considering that the Charter of the United
Nations and the Universal Declaration 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
stateless 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 Nations.
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.
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Article 4.
-Religion
The Contracting States shall accord to stateless persons within their
territories treatment at least as favourable as that accorded to their
nationals with respect to freedom to practise their religion and freedom
as regards the religious education of their children.
Article 5. - Rights granted apart from this Convention
Nothing in this Convention shall be deemed to impair any rights and
benefits 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 conditions 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.
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. Each Contracting State shall continue to accord to stateless persons
the rights and benefits to which they were already entitled, in the
absence of reciprocity, at the date of entry into force of this Convention
for that State.
4. The Contracting States shall consider favourably the possibility
of according 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.
5. 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 prevented from applying the general
principle expressed in this article shall, in appropriate cases, grant
exemptions in favour of such stateless persons. |
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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
provisionally 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 resident there, the period of such enforced sojourn shall
be considered to have been lawful residence within that territory.
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 taking up residence, the period of residence
before and after such enforced displacement 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.
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. Rights previously acquired by a stateless person and dependent
on personal 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 question 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 favourable 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 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. |
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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 territory of all Contracting States.
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 paragraph 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.
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 that that accorded to aliens generally
in the same circumstances, as regards the right to engage in wage-earning
employment.
2. The Contracting States shall give sympathetic consideration to
assimilating the rights of all stateless persons with regard to
wage-earning employment 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, industry, 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, treatment as favourable as possible and, in
any event, not less favourable than that accorded to aliens generally
in the same circumstances.
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 persons shall be accorded the same treatment as
nationals.
Article 21. - Housing
As regards housing, the Contracting States, in so far as the matter
is regulated 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. |
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Article
22. - Public education
1. The Contracting States shall accord to stateless persons the
same treatment as is accorded to nationals with respect to elementary
education.
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.
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 assistance 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 subject to the control of administrative
authorities; remuneration, including 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, occupational diseases, maternity,
sickness, disability, old age, death, unemployment, 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 prescribe special
arrangements concerning benefits or portions of benefits which are
payable wholly out of public funds, and concerning allowances paid
to persons who do not fulfil the contribution 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.
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. 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-contracting States.
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. The authority or authorities mentioned in paragraph I shall deliver
or cause to be delivered under their supervision to stateless persons
such documents 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 authorities and shall be given credence in the absence
of proof to the contrary.
4. Subject to such exceptional treatment as may be granted to indigent
persons, 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. |
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Article
26. - Freedom of movement
Each Contracting State shall accord to stateless persons lawfully
in its territory 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.
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 territory, 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 document
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. A Contracting State shall give
sympathetic consideration to the application of stateless persons
for permission to transfer assets wherever they 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. 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 compelling reasons of national security otherwise require,
the stateless person shall be allowed to submit evidence to clear
himself, and to appeal to and be represented for the purpose before
competent authority or a person or persons specially designated
by the competent authority.
3. The Contracting States shall allow such a stateless person a
reasonable period within which to seek legal admission into another
country. The Contracting 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.
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. |
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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. 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.
3. It shall be ratified and the instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
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 international 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. 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 territories.
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 obligations of the Federal Government shall
to this extent be the same as those of Parties which are not Federal
States;
(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 articles with a favourable recommendation
to the notice of the appropriate 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 provision of the Convention showing the extent
to which effect has been given to that provision by legislative or
other action. |
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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 I 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.
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. 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. 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 accordance with article 39;
(e) Of denunciations and notifications in
accordance with article 40;
(f) Of request for revision in accordance
with article 41.
IN FAITH WHEREOF the undersigned, duly authorized, have signed this
Convention 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. |
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