Alternative A:
For the purpose of this Protocol (Convention), the term “stateless person” shall
also include a person who invokes reasons recognized as valid by the State in
which he is a resident, for renouncing the protection of the country of which he is
a national.
Alternative B:
A Contracting State may, at the time of signature, ratification or accession make
a declaration extending the provisions of this Protocol (Convention) to any
person living outside his own country who, for reasons recognized as valid by the
State in which he is a resident, has renounced the protection of the State of
which he is, or was, a national.
Any Contracting State which has not made a declaration at the time of signature,
ratification or accession may at any time extend its obligations by means of a
notification addressed to the Secretary-General of the United Nations.
Alternative C:
Nothing in this Protocol (Convention) shall be construed to mean that its
provisions cannot be made applicable to any person living outside his own
country who, for reasons recognized as valid by the State in which he is a
resident, has renounced the protection of the State of which he is, or was, a
national.
The conference at the first reading, adopted the following definition:20
1.
For the purpose of this Protocol (Convention) the term “stateless person” means
a person who is not considered as a national by any State under the operation of
its law.
2.
Nothing in this Protocol (Convention) shall be construed to mean that its
provisions cannot be made applicable to any person living outside his own
country who, for reasons recognized as valid by the state in which he is a
resident, has renounced the protection of the State, of which he is, or was, a
national.
21
The definition was, in part, changed by the Style Committee which took over in
part the “legal” definition of the Israel proposal and a modified version of the
22
Belgian proposal. The British representative sought to improve on the
“facultative” clause, particularly by granting the states the right to apply the
Convention to persons who have been refused protection and assistance by the
state of which they are nationals.
23
Upon the suggestion of Denmark, the “facultative” clause was transferred from
Article 1 to the Final Act where it now appears as a recommendation reading as
follows:
The Conference
Recommends that each Contracting State, when it recognizes as valid the
reasons for which a person has renounced the protection of the State of which he
20
E/CONF.17/L.11/Add.2. For the discussions on the proposals of the Drafting Committee see SR.10, p. 9 ff. Cf., also
SR.14, p. 2 ff.
21
E/CONF.17/L.22.
22
E/CONF. 17/L.21/Rev.1.
23
E/CONF.17/L.25. For the discussion on the "obligatory" force of the decision by the state of residence for other states
see SR.14. p. 2 ff.