International Treaties
Addressing Statelessness
Stateless individuals, like refugees, were identified prior to World War II as persons lacking
protection and in need of humanitarian assistance, but it was the tragedy of that conflict
that spurred efforts to consolidate an international legal regime to specifically address
their circumstances. In the immediate aftermath of the war, concerns about stateless
individuals were seen as similar to and often
overlapping with those regarding refugees.
Given this perception, the drafters of the
Convention relating to the Status of Refugees
(1951 Refugee Convention)30 intended to address stateless persons in an accompanying
protocol. Instead, when the 1951 Refugee
Convention was adopted, the draft protocol
on statelessness was referred to a separate
negotiating conference and, rather than being a protocol to that Convention, ultimately became an independent treaty—the 1954
Convention relating to the Status of Stateless
Persons (1954 Convention).31
The 1954 Convention establishes the universal definition of a stateless person and sets
forth the criteria States must adopt to regulate and improve the legal status of stateless
persons residing on their territory and to ensure non-discriminatory protection of their
fundamental rights and freedoms. Many of
its provisions are similar to those of the 1951
Refugee Convention, including the rights to
non-discrimination,32 religious freedom,33
employment,34 welfare,35 freedom of movement,36 travel and identity documents,37 and
an obligation to “facilitate…assimilation and
naturalization”.38 Significantly, the 1954 Convention prohibits expulsion of stateless per-
Solutions for the Stateless in the U.S.
sons “save on grounds of national security
or public order”.39 The 1954 Convention was
primarily intended to recognize and address
the particular plight of stateless persons who
are not refugees to ensure they have access
to lawful status and secure their enjoyment of
basic human rights.40
In 1961, the Convention on the Reduction of
Statelessness (1961 Convention)41 was adopted to reduce statelessness over time by
elaborating clear, detailed, and concrete safeguards to prevent statelessness among children; due to loss, renunciation, or deprivation
of nationality; and in the context of State succession.42 The 1961 Convention establishes
the means for:
the acquisition of nationality by those who
would otherwise be stateless and who
have an appropriate link with the State
through birth on the territory or through
descent from nationals, and for the retention of nationality for those who will be
made stateless should they inadvertently
lose the State’s nationality.43
The principles outlined in the 1961 Convention
provide an effective framework within which
to resolve conflicts of nationality laws.44
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