person to answer and to submit evidence concerning any accusation, to be represented
by a legal counsel, and to be granted the right of appeal.
The Final Act of the 1954 Convention indicates that non‑refoulement is a generally
accepted principle. Non‑refoulement, the principle of not returning a person to a territory
where they would be at risk of persecution, is set out in the provisions of several
international treaties, including Article 33 of the 1951 Refugee Convention, Article 3 of
the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, and implicitly in Article 7 of the ICCPR, and several regional human rights
instruments.
Since the prohibition against refoulement is accepted as a principle of international law,
the drafters of the 1954 Convention felt it was not necessary to enshrine it in the articles
of a convention that is regulating the status of stateless persons.
Once a final decision of expulsion has been taken, the 1954 Convention asks that States
grant the individual concerned sufficient time to obtain admission to another country.
What kind of naturalization procedure should be available to persons recognized
as stateless?
States Parties to the 1954 Convention are requested to facilitate the assimilation
and naturalization of stateless persons to the greatest extent possible. (The word
“assimilation” here does not mean loss of the specific identity of the persons involved,
but rather integration into the economic, social and cultural life of the country.)
In particular, they are required to make every effort to expedite naturalization proceedings,
including by reducing fees and costs whenever possible.
In the United Kingdom, stateless persons can access facilitated naturalization
procedures. In practical terms, this means a reduced residency requirement (three
years as opposed to five years for non‑stateless foreigners) and an exemption from
language and citizenship tests.
Some countries have included in their nationality legislation reduced terms of legal
residence for refugees and stateless persons who want to apply for naturalization.
The ECN further develops this recommendation by requesting that domestic laws contain
rules that make it possible for foreigners who are lawfully and habitually resident in the
territory to be naturalized. The ECN additionally limits any residency requirements to
a maximum of 10 years before an individual would be entitled to lodge an application for
naturalization. The ECN also encourages States to consider using expedited naturalization
procedures for stateless persons and recognized refugees.
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