categories’, such as refugees, stateless persons and displaced persons, had not yet been
clearly defined at the time.81 What is certain is that the original idea of a Protocol relating to
the Status of Stateless Persons, attached to the 1951 Refugee Convention, was meant to
reflect the link between stateless persons and refugees, but practical considerations
prevented the Conference of Plenipotentiaries to consider both issues of refugees and
statelessness, with the later being postponed until 1954.
During the drafting of the 1951 Refugee Convention, States decided to leave the issue of
statelessness (at the time considered to cover non-refugee stateless persons) to a later date,
and they agreed to concentrate exclusively on refugees (who for the most part were also
stateless but needn’t be). 82 Since then, ‘statelessness, the condition of being without
citizenship, was distinguished from the condition of being a refugee’. 83 This is mainly
because the causes of statelessness are very wide.84 These have been identified by UNHCR
as being of three kinds.85 The first of these kinds refers to causes linked to the dissolution
and separation of States and transfer of territory between States (e.g., the dissolution of the
Soviet Union and Yugoslavia, and the post-colonial formation of States in Asia and Africa).
The second of these kinds refers to technical causes through the operation of citizenship
laws or administrative practices. The third and final cause of statelessness is discrimination
and arbitrary deprivation of nationality (e.g., ethnic and racial discrimination of Faili Kurds,
Roma, Rohingya of Myanmar, refugees from Bhutan, the Bidoons in the Gulf States,
Dominicans of Haitian descent in the Dominican Republic etc.); in this case, discrimination
is often both a cause of statelessness (e.g., the arbitrary deprivation of nationality) and an
effect of statelessness on the person (e.g., the denial of human rights through discriminatory
acts).86
This is quite evident from reading ECOSOC Resolution 248(IX) of 6 and 8 August 1949 which repeatedly refers
to ‘refugees and stateless persons’ in the English text, but to ‘réfugiés et des personnes déplacées’ in the French
text; in UN Ad Hoc Committee on Refugees and Stateless Persons, Ad Hoc Committee on Statelessness and Related
Problems, Status of Refugees and Stateless Persons - Memorandum by the Secretary-General, 3 January
1950, E/AC.32/2, Article 2 - available at: http://www.refworld.org/docid/3ae68c280.html [accessed 16 January
2014].
82 Ad Hoc Committee on Statelessness and Related Problems, UN Doc. E/AC.32/SR.2 (1950), 7-8. See also, UN
High Commissioner for Refugees (UNHCR) - Nehemiah Robinson, Convention relating to the Status of Stateless
Persons.
Its
History
and
Interpretation,
1997, part
two,
article
1
available
at:
http://www.refworld.org/docid/4785f03d2.html [accessed 17 January 2014]
83 Guy S. Goodwin-Gill, ‘Stateless Persons and Protection under the 1951 Convention or Refugees, Beware of
Academic Error!’ (December 1992), texte présenté au Colloque portant sur ‘Les récents développements en droit
de l’immigration’, Barreau de Québec, 22 janvier 1993, at p.5.
84 Office of the UNHCR, The State of the World’s Refugees 2012 – In search of solidarity, OUP 2012, pp.97-106.
85 Interparliamentary Union and UNHCR, Nationality and Statelessness: A Handbook for Parliamentarians No 22,
2014, pp. 30-42.
86 For instance, UNHCR has referred to the ‘erased persons’ from Slovenia as being subjected to discrimination in
two respects: the decision to erase them targeted a specific group of foreigners only, namely the citizens from the
SFRY; many of the erased faced discriminatory treatment because of a lack of legal status. UNHCR Submission in
Kuric, para.4.2.6.
81
14