132 3. Political associations are not covered by Article 15 but would come under Article 7 (1). It reproduces in essence the provisions of the 1933 and 1938 Conventions. Profit making associations come under Article 18. 4. Article 15 speaks of “associations” and “trade unions”. It includes the right of stateless persons to form their own associations and unions or to join associations or unions established by others. However, the provisions of Article 15 cannot impose on associations or trade unions the obligation to admit stateless persons to their ranks: it only provides for the obligation of the state to permit stateless persons to form or join associations and unions on the same conditions as are granted aliens generally, except when more favourable rights are accorded under the facultative clause. 5. Article 15, like a number of others (Articles 17, 18, 19, 21, 23, 24, 28), refers to “stateless 133 persons lawfully staying (which is the English translation of French “résidant régulièrement”) in their territory”. The expression “lawfully in the country” which was used in the draft of the Ad Hoc Committee was understood to refer to refugees either lawfully admitted or whose illegal entry was legalized but not to refugees who, although legally admitted or legalized, have overstayed the period for which they were admitted or were authorized to stay or who have violated any other 134 conditions attached to their admission or stay. It is to be assumed that the expression “lawfully in the country” as used in this Convention 135 has the same meaning as the one in the Refugee Convention. If Article 15 is juxtaposed with Article 7 (1), it will follow that the “treatment as favourable as possible” under this Article is granted only to such stateless persons as live in the country on a more or less permanent basis, i.e., have there some kind of residence, even if temporary, while refugees on brief stay are entitled only to the rights under Art. 7 (1), i.e., to the extent aliens generally in the same conditions are accorded the rights enjoyed under Art. 15. Article 16 Access to courts 1. A stateless person shall have free access to the courts of law on the territory of all Contracting States. 2. A stateless person shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the courts, including legal assistance and exemption from cautio judicatum solvi. 3. A stateless person shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence. 1. This article reproduces literally the provisions of the same Article in the Refugee Convention. 132 The inclusion of the words "non-political" in the Refugee Convention was due to a Swiss motion (A/CONF.2/35) which maintained that it was necessary to debar refugees from engaging in political activity (SR.8, pp. 99 ff). It should be pointed out that there was agreement in the Ad Hoc Committee that the article does not explicitly refer to political activities of refugees and that nothing in the Convention prohibits a state from exercising its authority over the political activities of its residents (SR.23, paras. 46, 48). Although the French proposal to write into the Convention a positive right to restrict such activities (E/AC.32/L.3, Art. 8) was not adopted, the Belgian representative asked the Rapporteur to note that the article should not be interpreted as a limitation of the power of the state to restrict political activity if deemed necessary, although it did not authorize the state to do so. (SR.23, para. 54; cf. also the statement by the Chairman in SR.37, p. 9.) These considerations are undoubtedly also applicable as regards "stateless persons". 133 For the discussion of the meaning of this word, see especially E/AC.32, SR.42, p. 11 ff. 134 E/1618, Comments to Article 10; see also the discussion in the second session (SR.41, pp. 13 ff). It should be added that the French text was "résidant régulièrement" and was understood Dot to imply a lengthy stay (ibid., p. 17). 135 For the discussion on this term see Article 31 below.

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