The recognition provided for in para. 7 is the result of the common agreement to recognize mutually such documents for what they are -substitutes for national passports, in which case no other obligation is usually assumed than to consider the person who carries it as the bearer of a document which, if properly issued, authorizes him to travel. Paragraph 8 of the Schedule takes care of the problems of admission. In other words, other parties cannot question the right of a Contracting State to issue a document if this is done under the powers granted to it by Article 28, even if, in their estimation, the person is not a “stateless person” in the sense of the Convention, as long as the document was issued legally. (6) Under para. 9 any Contracting State is obligated to issue to stateless persons transit visas through their territory, once the travel document carries an entry visa to a country which the stateless person can reach through that state. It is doubtful whether para. 9 goes so far as to obligate a state to issue a transit visa if the country of final destination can be reached more easily through another country. On the other hand, the possession of a visa for a territory of final destination cannot always be requested, as para. 8 explicitly states that such a visa is to be affixed only if required; therefore, if the country of final destination does not require a visa, the transit country must issue a transit visa, once the stateless person can prove admission to the 201 country of final destination. Subpara. 2 of para. 9 assimilates stateless persons, in regard to the issuance of transit visas, to “any alien”. The wording is different from Article 7 (1) of the Convention, but the sense is apparently the same: the assimilation is to the alien enjoying the least privileges. (7) Paragraph 11 is an extension of the provisions of Article 28 relating to the issuance of travel documents. Under Article 28, first sentence, the obligation to issue a travel document rests upon the stateless person’s state of residence; therefore, when a stateless person changes his residence, he changes the state which, under Article 28 is called upon to issue his travel document. The purpose of para. 11 is to turn this logical conclusion into an explicit provision so as to prevent the issue of several travel documents to one and the same stateless person by different authorities of different countries, and to make clear on which authority the duty to issue 202 the document devolves. If the state of the new residence refuses to issue a travel document, the stateless person may turn to that of his old residence under para. 6 (3) of the Schedule. (8) In deviation from the wording of para. 13 of the Schedule attached to the Refugee Convention under which the issuance of a travel document obligates the issuing state to readmit the refugee within the period of the validity of this document, the Ad Hoc Committee on Travel Documents has set no specific time limit during which the right to return was ensured. It was done on the basis of a practice by some states which issue travel documents without mentioning the 203 right to readmission. The conference changed the proposal on the strength of a British 204 amendment, which sought to grant the stateless persons a period of no less than three months during which the holder of the travel document would be guaranteed the right to return to the country of his residence; an exception to this guarantee would be permitted, when the country to which the stateless person proposes to travel does not insist on such guarantee. This is the meaning of para. 13. Paragraph 13 may, on the face of it, create a problem in the instance dealt with in the second sentence of Article 28 (1) and in para. 6 (3). In these cases the issuing state is not the one in which the stateless person lawfully resides; therefore, it is ordinarily not under any obligation to readmit him. However, under para. 13, this state by issuing a document with a guaranteed period of return would undertake to readmit the refugee, at least within three months. This was not an oversight on the part of the conference. The same provision 201 Paragraph 9 in the Refugee Convention was copied from Article 11 of the 1946 Agreement whose Article 10 provided for an obligatory entry visa. 202 Refugee Conference, SR.32, p. 10. 203 SR.11, p. 16. 204 E/CONF.17/L.18.

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