Atuguba et al.
and marriage, death, and property rights. Stateless persons may also encounter travel restrictions, social exclusion, and heightened vulnerability to sexual and physical
violence, exploitation, trafficking in persons, forcible
displacement, and other abuses (USDS 2017).
It is relevant to emphasize that refugees are not always
stateless, and stateless persons are not always refugees;
neither are stateless persons necessarily foreigners. Stateless persons who have fled their countries to escape
persecution on grounds of race, religion, nationality, or
membership of a particular social group or political
opinion are stateless refugees (UNHCR 2014). In contrast, some stateless persons have lived in the country
of their birth throughout their lives and have not been
subject to any persecution.
International, Regional, and National Legal
Frameworks on Statelessness
This section of the study examines the international,
regional, and national legal and policy frameworks on
statelessness. Both regional and national legal frameworks may draw from the international legal framework
for addressing statelessness. Consequently, a discussion
of the international legal framework precedes that of the
regional and national legal frameworks for addressing
statelessness.
The 1954 UN Convention relating to the Status
of Stateless Persons
As discussed, the 1954 UN Convention defines a stateless person as a person not considered a national by any
state under the operation of its law.3 A stateless person
may never have crossed an international border. Other
stateless persons, however, are refugees who fall within
the scope of the 1951 UN Refugee Convention or are eligible for complementary protection.
Article 2 of the 1954 UN Convention imposes duties
on stateless persons to the country in which they reside,
requiring them to conform to its laws and regulations,
and “to measures taken for the maintenance of public
order.” Contracting states to the 1954 UN Convention
must apply the provisions of the Convention to stateless
3
UN (United Nations General Assembly), Convention Relating to
the Status of Stateless Persons, September 28, 1954, United
Nations Treaty Series, vol. 360, p. 117, https://www.refworld.org/
docid/3ae6b3840.html.
17
persons without discrimination toward race, religion, or
country of origin.4 Also, they are to accord stateless persons within their territories freedom to practice their religion and as regards the religious education of their
children, at least as favorable as that accorded their
nationals.
Article 7 of the 1954 UN Convention is captioned
“Exemption from Reciprocity.” “Exemption from
Reciprocity” means that a person is to be granted rights
that ordinarily are accorded on the basis of reciprocity.
The justification for this measure is that stateless persons
do not enjoy the protection of a foreign country. Consequently, they do not qualify for rights under the rule of
reciprocity.
Article 8 deals with exceptional measures that may be
taken against the person, property, or interests of
nationals or former nationals of a foreign state. These are
measures that, in times of war, threat of war, severance
of diplomatic relations, or other tension between states,
are taken by a state to curb the rights of the citizens of the
other state. They may involve limitation of the freedom
of movement; of the right to a free press, assembly, or
association; or of disposing of assets or using certain
means of communication (Robinson 1955). The contracting states shall not apply such measures to a stateless person solely on account of his or her having
previously possessed the nationality of the foreign state
in question. Contracting states that, under their legislation, are prevented from applying the general principle
expressed in this article shall, in appropriate cases, grant
exemptions in favor of such stateless persons.
Article 9 of the 1954 UN Convention grants contracting states the authority to determine for themselves what
measures are essential to their national security, whether
a person involved is a stateless person, and whether the
continuance of such measures is necessary in his or her
case in the interest of national security.
In the case of stateless persons regularly serving as
crewmembers on board a ship flying the flag of a contracting state, that state shall give sympathetic consideration to their establishment on its territory and the issue
of travel documents to them or their temporary admission to its territory particularly with a view to facilitating
their establishment in another country.5
4
5
Ibid.
Ibid.