documents stating that the person is not a national, or they may simply not reply to
enquiries. Some State authorities will feel they are not responsible for indicating which
persons do not have a legal bond of nationality with the country. Conclusions regarding
a lack of response should only be drawn after a reasonable period of time. If a State has
a general policy of never replying to such requests, no inference can be drawn from this
failure to respond based on the non‑response alone. Conversely, where a State routinely
responds to such queries, a lack of response will generally provide strong confirmation
that the individual is not a national.
Can an individual be excluded from the provisions of the 1954 Convention?
The preamble of the 1954 Convention reaffirms that stateless refugees are covered by
the 1951 Refugee Convention, and therefore are not covered by the 1954 Convention.
In addition to defining a stateless person, Article 1 of the 1954 Convention also defines
those individuals who, despite falling within the scope of the definition (that is, despite
the fact that they are stateless), are nonetheless excluded from the application of the
1954 Convention for particular reasons, either because they do not need such, or because
they are unworthy of international protection on the basis of their individual acts. These
include persons:
•
“who are at present receiving from organs or agencies of the United Nations other
than the United Nations High Commissioner for Refugees protection or assistance
as long as they continue to receive such assistance.”
The United Nations Relief and Works Agency for Palestinian Refugees in the Near
East is the only UN agency currently relevant to this clause.
•
“who are recognized by the competent authorities of the country in which they
have taken residence as having the rights and obligations which are attached to the
possession of the nationality of that country.”
This means that if a stateless person has secured legal residence in a State and
is accorded rights greater than those provided for under the 1954 Convention,
particularly full economic and social rights equivalent to those that a national enjoys
and is protected against deportation and expulsion, then there is no need to apply
the provisions of the Convention to that individual, despite the fact that the person
is stateless.
•
“who have committed a crime against peace, a war crime, or a crime against
humanity, as defined in international instruments;
who have committed a serious non‑political crime outside the country of their
residence prior to their admission to that country; or
who are guilty of acts contrary to the purposes and principles of the United
Nations.”
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