This definition is broader than that of the Intergovernmental Committee of Refugees because
it includes not only persons who are refused protection by the country of their nationality, but
also persons who renounce such protection. However, once again it is clear that the reference
to “protection” concerns only the protection of nationals who are abroad. As the Study
explains, such protection includes not only “protection proper” – that is, the right of
diplomatic protection exercised by a State of nationality in order to remedy an internationally
wrongful act against one of its nationals – but diplomatic and consular protection and
assistance generally:
The protection enjoyed by the foreigner possessing a nationality has a much wider connotation than is
suggested by the term “protection”. It is a matter far more of assistance to the national and of
collaboration with the authorities in the foreign country than of protection proper. Only in rare cases
does protection take the form of representations to a foreign Government. In normal times, “protection”
is assistance and it is in this sense that the term is used in the present report.
Protection takes various forms:
A. Governments seek to secure for their nationals abroad a status exceeding the minimum required by
international law. To this end they negotiate treaties on the basis of reciprocity (settlement and
immigration conventions, Consular conventions, commercial treaties, etc.);
B. They see to it that such conventions and treaties are carried out, and where necessary, take action to
ensure that the rights granted to their nationals are respected;
C. The Consular authorities recommend their nationals to the authorities of the country and carry out
certain technical functions designed to facilitate the application of the agreements and treaties;
D. Governments issue to their nationals the passports which enable them to travel abroad;
E. The authorities in the country of origin and the national Consuls draw up various certificates and
documents (identity documents, civil registration documents, customary certificates concerning personal
status, certificates testifying that the documents drawn up in the country of origin are in conformity with
the laws of the country etc.) so as to enable their nationals to carry out the normal formalities of civilian
life;
F. The State bears the whole or part of the cost of relief (assistance to sick, infirm, indigent persons etc.)
furnished to its nationals, or arranges for their repatriation.19
The Study identified two causes of de facto statelessness, both of them refugee-related: taking
refuge abroad as a result of racial, religious or political persecution; or mass emigration
caused by changes in a country’s political or social system.20
The Study defined de jure stateless persons as
persons who are not nationals of any State, either because at birth or subsequently they were not given
any nationality, or because during their lifetime they lost their own nationality and did not acquire a new
one.21
Although ECOSOC had only mentioned stateless persons in its resolution, without explicitly
referring to refugees, the Study nevertheless included the latter persons within its terms of
reference since:
19
20
21
outside the country of which they are nationals, whereas “persons who are not nationals of any State, either
because at birth or subsequently they were not given any nationality, or because during their lifetime they
lost their own nationality and did not acquire a new one” [emphasis added] are defined by the Study as de
jure stateless.
“A Study of Statelessness”, op. cit., p. 32.
Ibid., p. 131 and pp. 141 - 142.
Ibid., p. 8.
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