was to apply to de jure stateless persons, the article (of the Refugee Convention) could be retained and applied mutatis mutandis to stateless persons. His contention was that there was no reason why a stateless person who was formerly a national of a certain state should be refused the protection which was granted to a refugee who was a national of the same state. The President suggested to amend the text of the Refugee Convention so as to refer to the previous 84 85 nationality of the stateless person, but no decision was reached on the first reading and the question was deferred. The discussion was resumed at a later date. The British representative 86 suggested a drafting change to the President’s proposal and after a short discussion a decision was made by a vote of 10 to 2, with 8 abstentions to include in the document an article of this 87 kind, subject to possible changes. In the “Articles adopted by the Conference, in first reading, 88 for inclusion in a Protocol or Convention relating to the Status of Stateless Persons”, Article 8 appeared in the following wording: With regard to exceptional measures which may be taken against the person, property or interests of nationals or former nationals of a foreign State, the Contracting States shall not apply such measures to a stateless person solely on account of having previously possessed the nationality of the foreign State in question. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article shall, in appropriate cases, grant exemptions in favour of such stateless persons. The words in italics represent the amendments to Article 8 of the Refugee Convention. 89 The Style Committee adopted the present wording, which differs from the just quoted version in the addition of a single word (his). 2. The Ad Hoc Committee, in its first session, included in the draft an article providing for the exemption of refugees from exceptional measures taken against nationals of the country of which the refugee is formally a citizen. The Committee based the inclusion on the precedent of Article 44 of the Geneva Convention of August 12, 1949, relating to the Protection of Civilian 90 Persons in Time of War and the view that formal nationality ought not to be considered a reason for imposing such measures. 3. Article 8 deals with exceptional measures, without defining them in detail. In the main, these are measures which, in time of war or threat of war or severance of diplomatic relations or other tension between two states, are taken by a state to curb the rights of the citizens of the state against whom these measures are directed. They may involve imitation of the freedom of movement, of the right to a free press, assembly or association, of disposing of assets (freezing, blocking or even sequestration) or using certain means of communications (for instance, radio). 91 These measures were widespread during the last war and were, as a rule, applied not only to “active” nationals of the enemy country but also to persons who had been deprived of or had lost their nationality. The purpose of Article 8 is to prevent the reoccurrence of such practices in regard to persons whom the Convention declares as “stateless persons”. However, the second sentence considerably restricts the import of this article. 84 His amendment read as follows: "…the Contracting State shall not apply these measures to a stateless person solely on account of his previous nationality." 85 SR.5, pp. 15-16. 86 He suggested to replace the words "solely on account of such nationality" with the words solely on account of having previously possessed the nationality of the foreign State in question". 87 SR.9, pp. 5-6. 88 E/CONF.17/L.11 89 E/CONF.17/L.24. 90 E/1618, Comments to Article 5. 91 See E/AC.32/SR.35, p. 8.

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