Suzan El Tahhan Bidoons: A Statelessness Plight in Kuwait ‫مجلة الدراسات القانونية واالقتصادية‬ The Guidelines assure that non-state party countries are still committed to some obligations to stateless populations, stating that: "Many individuals who meet the stateless person definition in the 1954 Convention live in countries that are not a party to this treaty. States, which are not yet party to the Convention may take note of the practice of providing identity papers and travel documents to stateless persons. These measures have already been adopted in several other non-Contracting States. In addition, all States would need to comply with their obligations under international human rights law, such as protection against arbitrary detention (Article 9(1) of the ICCPR) and, in the case of persons stateless in situ, the right to enter plus remain in one's "own country”. (Article 12(4) of the ICCPR).64 The 1951 Refugee Convention: Under Article 1(2) of the Convention Relating to the Status of Refugee, it is stated that: "For the purposes of the present Convention, the term "refugee" shall apply to any person who as a result of events occurring before 1 January 1951 and owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it." Hence, a stateless person may simultaneously be a refugee. Where this is the case, each claim must be assessed; and both statelessness and refugee status are explicitly recognized. Similarly, States must apply these standards to stateless 64 UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 3: The Status of Stateless Persons at the National Level, 17 July 2012, HCR/GS/12/03, P.7, available at: http://www.refworld.org/docid/5005520f2.html [accessed 21 December 2015] 26

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