1.2 1949 Study of Statelessness by the UN Secretary-General In 1947 the UN Commission on Human Rights adopted a Resolution on Stateless persons in which it expressed the wish (a) that the United Nations make recommendations to member States with a view to concluding conventions on nationality; (b) that early consideration be given by the United Nations to the legal status of persons who do not enjoy the protection of any government, in particular pending the acquisition of nationality as regards their legal and social protection and their documentation. and recommended that such work be undertaken in consultation with those specialized agencies at present assuming the protection of some categories of persons not enjoying the protection of any government … In pursuance of this resolution, the UN Economic and Social Council (ECOSOC) adopted resolution 116 (VI) D on Stateless Persons dated March 1948, according to which: The Economic and Social Council, Taking note of the resolution of the Commission on Human Rights adopted at its second session regarding stateless persons, Recognizing that this problem demands in the first instance the adoption of interim measures to afford protection to stateless persons, and secondly the taking of joint and separate action by Member nations in co-operation with the United Nations to ensure that everyone shall have an effective right to a nationality, Requests the Secretary-General, in consultation with interested commissions and specialized agencies: (a) To undertake a study of the existing situation in regard to the protection of stateless persons by the issuance of necessary documents and other measures, and to make recommendations to an early session of the Council on the interim measures which might be taken by the United Nations to further this object; (b) To undertake a study of national legislation and international agreements and conventions relevant to statelessness, and to submit recommendations to the Council as to the desirability of concluding a further convention on this subject. The Secretary-General accordingly produced his 1949 Study of Statelessness, in which he considered that there are two categories of stateless persons: de jure and de facto.16 The Study provided a slightly broader definition of de facto stateless persons than the description given by the Intergovernmental Committee on Refugees: Stateless persons de facto are persons who, having left the country of which they were nationals, no longer enjoy the protection and assistance of their national authorities, either because these authorities refuse to grant them assistance and protection, or because they themselves renounce the assistance and protection of the countries of which they are nationals. The Constitution of the IRO [International Refugee Organization]17 in its Annex (First part – Section A.2) uses this formula: “a person … who is unable or unwilling to avail himself of the protection of the Government of his country of nationality or former nationality.18 16 17 18 “A Study of Statelessness”, op. cit., p. 8. The work of the Intergovernmental Committee on Refugees and that of UNRRA was wound up on 30 June 1947, following which the International Refugee Organization (IRO) assumed responsibility for providing international protection to refugees up until the establishment of UNHCR as of January 1951. “A Study of Statelessness”, op. cit., p. 9. This definition of de facto stateless persons is slightly selfcontradictory, since it refers at one and the same time to persons who have left the country of which they were nationals, and to those persons amongst them who renounce the protection of the country of which they are nationals. However, it is clear from the context that all de facto stateless persons are by definition 5