with the country. It thus might be assumed that if a State refuses to confirm that a person
is its national, the refusal, in itself, is a form of evidence, as States normally would
extend diplomatic protection to their citizens.
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 Convention relating to the Status of Refugees, 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
Convention for particular reasons, either because they do not need such protection as they
already benefit from specific legal schemes or international assistance, or because
they are unworthy of international protection on the basis of their individual criminal 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.”
When is a person no longer considered to be stateless?
The condition of being stateless ends when the individual concerned acquires an effective
nationality.
18
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