Clearly, the fact that refugees are not mentioned [by ECOSOC] does not mean that they must be
excluded from the scope of the present study. In fact, a considerable majority of stateless persons are at
present refugees. These refugees are de jure stateless persons if they have been deprived of their
nationality by their country of origin. They are de facto stateless persons if without having been deprived
of their nationality they no longer enjoy the protection and assistance of their national authorities 22
However, the Study added that not all persons who were considered at the time to be refugees
were also considered to be stateless. Thus, certain existing categories of refugees were
excluded from the scope of the Study, including most notably for present purposes:
individuals … who found refuge abroad but who continue to benefit by the protection and assistance of
their government, itself in exile abroad, which has been recognized by other States. Such was, for
example, the case of Norwegian, Belgian and Dutch refugees during the second world war.23
In his conclusions to the Study, the Secretary-General submitted various recommendations to
ECOSOC, including the following which applied equally to de jure and de facto stateless
persons:
Considering
That the possession of a nationality and the protection of a country of which they are nationals are the
foundations of the status of foreigners;
That the fact of not having a nationality or not enjoying in practice the protection of a State places
stateless persons, de jure or de facto, in a position of inferiority incompatible with the respect of human
rights;
[…]
That it is necessary to abolish statelessness and, until such time as this has been achieved, to improve the
status of stateless persons;
That the political conditions which at present are the main cause of statelessness will not disappear until
more stable conditions are restored throughout the world;
That in any event statelessness can be abolished only by measures which cannot produce their full effect
until a certain length of time has elapsed; which measures will be recommended by the Secretary-General
for adoption (see Part Two [of this Study]);
That it is important, meanwhile, to take action forthwith to improve the status of stateless persons;
That stateless persons should be:
(a) Granted an international legal status guaranteeing them the enjoyment of fundamental human rights,
and
(b) Assured of the protection of an international organ of an intergovernmental character;
Considering
That at present only certain categories of stateless persons, and these only in certain countries, have the
benefit as refugees of a legal status and of international protection provided by the International Refugee
Organization, a non-permanent organization;
That without prejudice to the advantages accorded to the said categories of stateless persons by the
agreements concluded in their favour, which would remain in force, it is necessary to establish a legal
regime for all stateless persons, the said regime to comprise legal status and international protection;
In conclusion, the Secretary-General
Recommends the Economic and Social Council to take the following decisions:
1. To address an invitation to all Member States not yet parties to the Convention Relating to the
International Status of Refugees of 28 October 1933, the Convention concerning the Status of Refugees
22
23
Ibid., p. 9.
Ibid., p. 9, footnote 13.
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