Moreoever, the problems that the recommendation in the Statelessness Conference’s Final
Act were seeking to address are more comprehensively dealt with under the 1951 Convention
and 1967 Protocol than under the 1954 Convention, given that the former two instruments
provide a greater degree of protection to refugees than the latter instrument does to stateless
persons.73 It follows that the recommendation is of no practical relevance today unless it can
be argued that there is a category of persons other than refugees who could be considered to
have valid reasons for renouncing the protection of the State of their nationality which would
justify them being treated as stateless by other States. Certainly, individuals who are not
refugees may have many different reasons for renouncing protection: for example, some may
wish to avoid military or civil service, others may repudiate the country of their nationality
owing to a profound disagreement with the political status quo in that country without a
concomitant risk of persecution, still others may be trying to avoid criminal prosecution, and
yet others may wish to sever relations with the country of their nationality in order to try to
establish a new life under more favourable conditions in another country.74 However,
assuming that the persons concerned genuinely do not have a well-founded fear of
persecution, these are hardly the sorts of reasons that States in today’s world would be likely
to regard as valid for purposes of implementing the recommendation in the Final Act.
72
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limitation in time whereby only persons renouncing the protection of the State of their nationality as a result
of events occurring before 1951 would be included. However, the former point is now academic because of
the large number of accessions to the 1951 Convention, and the second point is also academic because the
1967 Protocol removes the date limitation in the 1951 Convention.
Kiribati and Libyan Arab Jamahiriya (UN Treaty Collection: http://treaties.un.org/).
Note that the Statelessness Conference also unanimously adopted the following resolution in its Final Act,
again with an eye to the protection of refugees:
“The Conference,
Being of the opinion that Article 33 of the Convention relating to the Status of Refugees of 1951 is an
expression of the generally accepted principle that no State should expel or return a person in any manner
whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his
race, religion, nationality, membership of a particular social group, or political opinion,
Has not found it necessary to include in the Convention Relating to the Status of Stateless Persons an
equivalent to Article 33 of the of the Convention relating to the Status of Refugees of 1951.”
74
Note that the Recommendation in the Final Act of the Statelessness Conference contains echoes of the
Constitution of the International Refugee Organization (IRO), Section C of Part I of Annex I of which
provided that “persons will become the concern of the Organization … if they have … expressed valid
objections to returning to [their countries of nationality or former habitual residence.]” Annex I to the IRO’s
Constitution went on to provide that the following were considered valid objections: “(i) Persecution, or
fear, based on reasonable grounds of persecution because of race, religion, nationality or political opinions
… (ii) Objections of a political nature judged by the Organization to be ‘valid’ as contemplated in paragraph
8(a) of the Report of the Third Committee of the General Assembly as adopted by the Assembly on 12
February 1946. (iii) … compelling family reasons arising out of previous persecution or compelling reasons
of infirmity or illness.” According to the IRO’s Manual for Eligibility Officers, p. 22, para. 11: “It is valid
objections which enable a distinction to be drawn between refugees proper and simple migrants. The
judgment of the validity of expressed objections is at once the most crucial and the most difficult point in
determining whether an individual is in the Mandate or not.” After cautioning about that expressed
objections should not always necessarily be taken at face value, because the underlying reality may be more
complex, the IRO Manual went on to say at pp. 23 to 24 that “[t]here is a colossal list of objections that are
expressed but are not valid”, including, for example: “bad conditions at home”, “bright hopes in the western
world”, “lack of housing”, “uncertainty of work in somewhat specialised occupations”, “family feuds and
quarrels”, “the desire to join a relation abroad or not to rejoin one’s family at home”, “fear of punishment
[that is not related to persecution]”, etc.
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