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.