1954 STATELESSNESS CONVENTION PDF

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 and entered into force on 6 June 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. It requires that stateless persons have the same rights as citizens 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 employment and to housing, it provides that stateless persons are to enjoy, at a minimum, the same treatment as other non-nationals.

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Pursuant to Article 27 of the Convention, identity papers shall be issued only to stateless persons having permanent residence permits in the territory of the Czech Republic in accordance with the country's national legislation.

Article 23 of the Convention shall be applied to the extent provided by the national legislation of the Czech Republic. Article 24, paragraph 1 b shall be applied to the extent provided by the national legislation of the Czech Republic. Pursuant to Article 28 of the Convention, travel documents shall be issued to stateless persons having permanent residence permits in the territory of the Czech Republic in accordance with the country's national legislation.

Fiji Fiji. Holy See Holy See. Hungary 12 Hungary The Government of Kiribati understands articles 8 and 9 as not preventing them from taking in time of war or other grave and exceptional circumstances measures in the interests of national security in the case of a stateless person on the ground of his former nationality.

The provisions of article 8 shall not prevent the Government of Kiribati from exercising any rights over property or interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War. Furthermore, the provisions of article 8 shall not affect the treatment to be accorded to any property or interest which at the date of entry into force of this Convention in respect of the Gilbert Islands were under the control of the Government of the United Kingdom of Great Britain and Northern Ireland by reason of a state of war which exists or existed between them and any other State.

The Government of Kiribati can only undertake to apply the provisions of sub-paragraph b of paragraph 1 of article 24 so far as the law allows. The Republic of Malta considers itself bound by Article 14 only in so far as in regard to a stateless person who is a permanent resident in the territory of the Republic of Malta.

The Republic of Malta does not consider itself obliged, in terms of Article 32 to provide or to guarantee stateless persons born outside Malta facilities for their naturalisation beyond those accorded to aliens in general. The Government of Mexico does not consider itself obliged to guarantee stateless persons greater facilities for their naturalization than those accorded to aliens in general, for which reason it lodges an express reservation to the contents of article 32 of the Convention.

Netherlands Netherlands. Philippines Philippines. With reference to the application of Article 31 of the Convention, Romania reserves its right to expel a stateless person staying lawfully on its territory whenever the stateless person committed an offence, subject to the provisions of the legislation in force.

The Slovak Republic shall issue identity papers only to the stateless person present on the territory of the Slovak Republic who have been granted long-term or permanent residence permit.

Vincent and the Grenadines St. Vincent and the Grenadines. Vincent and the Grenadines can only undertake that the provisions of articles 23, 24, 25 and 31 will be applied in St. Vincent and the Grenadines so far as the law allows. This paragraph will not be binding on Sweden. The provisions of this paragraph will not be binding on Sweden. Sweden does not consider itself obliged to cause a Swedish authority, in lieu of a foreign authority, to deliver certificates for the issuance of which there is insufficient documentation in Sweden.

The provisions of Article 8 shall not prevent the Government of the United Kingdom of Great Britain and Northern Ireland from exercising any rights over property or interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War. Furthermore, the provisions of Article 8 shall not affect the treatment to be accorded to any property or interests which at the date of entry into force of this Convention for the United Kingdom of Great Britain and Northern Ireland are under the control of the Government of the United Kingdom of Great Britain and Northern Ireland by reason of a state of war which exists or existed between them and any other State.

These powers have not yet been exercised but it may be necessary to exercise them at some future date. In Northern Ireland the Health Services are restricted to persons ordinarily resident in the country except where regulations are made to extend the Services to others. For these reasons, the Government of the United Kingdom, while prepared in the future, as in the past, to give the most sympathetic consideration to the situation of stateless persons, find it necessary to make reservation to sub-paragraph b of Article Any need for the documents or certifications mentioned in paragraph 2 of that Article would be met by affidavit.

Home Page. Main Menu. Convention relating to the Status of Stateless Persons. New York, 28 September Entry into force. Registration : 6 June , No. Status : Signatories : Parties : Declarations and Reservations. Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession. Antigua and Barbuda. Botswana 8. The above-mentioned document will not be issued to persons who have been granted status of stateless person in another country, unless they have permanent or long-term residence in the Republic of Bulgaria and because of insurmountable reasons, duly proven by respective documents, can not renew their travel document from the state which initially issued it.

Costa Rica 9. Czech Republic. Denmark The provisions of article 24, paragraph 1, under which stateless persons are in certain cases placed on the same footing as nationals, shall not oblige Denmark to grant stateless persons in every case exactly the same remuneration as that provided by law for nationals, but only to grant them what is required for their support.

Article 31 shall not oblige Denmark to grant to stateless persons a status more favourable than that accorded to aliens in general. El Salvador. The Government of Fiji understands articles 8 and 9 as not preventing them from taking in time of war or other grave and exceptional circumstances measures in the interests of national security in the case of a stateless person on the ground of his former nationality.

The provisions of article 8 shall not prevent the Government of Fiji from exercising any rights over property or interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War. Furthermore the provisions of article 8 shall not affect the treatment to be accorded to any property or interests which at the date of entry into force of this Convention in respect of Fiji were under the control of the Government of the United Kingdom of Great Britain and Northern Ireland or of the Government of Fiji respectively by reason of a state of war which existed between them and any other State.

The Government of Fiji cannot undertake to give effect to the obligations contained in paragraphs 1 and 2 of article 25 and can only undertake to apply the provisions of paragraph 3 so far as the law allows. Any need for the documents or certificates mentioned in paragraph 2 of that article would be met by affidavit. Finland Finland does not accept the obligations stipulated in the said article, but is prepared to recognize travel documents issued by other Contracting States pursuant to this article.

Germany 4 , 5. Article 27 will not be applied. Holy See. Hungary Italy Lesotho In accordance with article 38 of the Convention, the Government of the Kingdom of Lesotho declares that it understands articles 8 and 9 as not preventing it from taking in time of war or other grave and exceptional circumstances measures in the interest of national security in the case of a stateless person on the ground of his former nationality.

The provisions of article 8 shall not prevent the Government of the Kingdom of Lesotho from exercising any rights over property or interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War.

Furthermore the provisions of article 8 shall not affect the treatment to be accorded to any property or interests which at the date of entry into force of this Convention in respect of Lesotho were under the control of the Government of the United Kingdom of Great Britain and Northern Ireland or of the Government of Lesotho by reason of a state of war which existed between them and any other State.

The Government of the Kingdom of Lesotho shall not be bound under article 31 to grant to a stateless person a status more favourable than that accorded to aliens generally. Mexico Republic of Moldova. According to article 38 part 1 from the Convention, [the] Republic of Moldova reserves the right to apply the provisions of article 27 from the Convention only in regards with stateless which statute has being recognized by the Republic of Moldova, and for that who have permission to stay on the territory of [the] Republic of Moldova.

Sweden Zambia Unless otherwise indicated the declarations and reservations were made upon notification of territorial application. Furthermore, the provisions of Article 8 shall not affect the treatment to be accorded to any property or interests which, at the date of entry into force of this Convention for the Isle of Man and the Channel Islands, are under the control of the Government of the United Kingdom of Great Britain and Northern Ireland by reason of a state of war which exists or existed between them and any other State.

Territorial Application. End Note. In addition, the notification made by the Government of China contained the following declaration: The Government of the People's Republic of China cannot undertake that effect will be given in the Hong Kong Special Administrative Region to article 25, paragraphs 1 and 2 of the Convention, and can only undertake that the provisions of paragraph 3 of the said article will be applied in the Hong Kong Special Administrative Region so far as the law there allows.

Within the above ambit, responsibility for the international rights and obligations of a Party to the [said Convention] will be assumed by the Government of the People's Republic of China. In a communication received on 25 March , the Government of Denmark informed the Secretary-General of its decision to withdraw as from that date, the reservation to article 24, paragraph 2, of the Con vention.

Reservation 3 constitutes a new reservation, which was made subject to the provisions of article 39 2 of the Convention. The portion of the reservation which has been withdrawn read as follows: The Government of Mexico lodges an express reservation to article 31 of the Convention, and, therefore, refers to the application of article 33 of the Political Constitution of the United Mexican States.

In a communication received on 5 March , the Government of Sweden notified the Secretary-General of the withdrawal of its reservation to article 7, paragraph 2, of the Convention.

On 14 November , the Government of Sweden notified the Secretary-General of its decision to withdraw its reservations to article 8 and to paragraph 1 b of article The reservations that have been withdrawn read as follows: To article 8. This article will not be binding on Sweden; To article 24, paragraph 1 b. Notwithstanding the rule concerning the treatment of stateless persons as nationals, Sweden will not be bound to accord to stateless persons the same treatment as is accorded to nationals in respect of the possibility of entitlement to a national pension under the provisions of the National Insurance Act; and likewise to the effect that, in so far as the right to a supplementary pension under the said Act and the computation of such pension in certain respects are concerned, the rules applicable to Swedish nationals shall be more favourable than those applied to other insured persons.

The reservations reproduced herein are new reservations, which were made subject to the provisions of article 39 2 of the Convention. Such notification will contain the reservations, if any, which the Government of the Netherlands Antilles might wish to make with respect to local requirements in accordance with article 38 of the Convention. The Government of Malawi considers that any legal relationship with the afore-mentioned Convention relating to the Status of Stateless Persons, New York, which might have devolved upon it by way of succession from the ratification of the United Kingdom, is terminated as of this date.

Signatories : Bosnia and Herzegovina 2. Costa Rica. Close Window. Declarations and Reservations Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession. Costa Rica 9 Costa Rica 9. Pierre and Miquelon.

Netherlands

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Convention relating to the Status of Stateless Persons

The Convention relating to the Status of Stateless Persons is a United Nations multilateral treaty that aims to protect stateless individuals. Though not expressly stated, the Convention does not apply to Palestinian refugees. Of significance, the Declaration at Article 15 affirms that:. The Convention relating to the Status of Refugees was promulgated on 28 July Despite an original intention, it did not include any content about the status of stateless persons and there was no protocol regarding measures to effect the reduction of statelessness. As of January , the United Nations, the depository of the convention, lists 94 parties to the Convention; one states Holy See has signed the convention, but have not ratified it. Madagascar denounced its accession made in , effective 2 April

LEI COMPLEMENTAR NO 057 DE 06.07.06 PDF

The protection of stateless persons has long been understood as a challenge for the international community. However, for many of the past 60 years, a prioritized focus on refugees has dominated, or even eclipsed, the plight and protection needs of stateless persons. Guy Goodwin-Gill has long argued for a refocus of international attention and effort on the plight, predicament, and protection needs of stateless persons. In light of developments since this incisive analysis, this article examines the challenge set by Goodwin-Gill for the international community, namely, to provide greater recognition of and protection for stateless persons. It celebrates the positive developments and identifies areas of ongoing challenge. The focus is on the key initiatives Goodwin-Gill identified as requiring attention, the progress made in relation to each, and, predominantly, on the relevance of developments in human rights law. Most users should sign in with their email address.

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