2.
The “identity papers” with which Article 27 deals are for internal use, as contrasted with
the “travel documents” to be used for journeys abroad. It is a paper certifying the identity of a
stateless person (certificate of identity) and, in countries with a passport system, a substitute for a
“domestic” passport.
Contrary to other articles, Article 27 deals with “any stateless person in their territory”, thus
indicating verbally that neither residence nor even lawful presence is required. All that is
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necessary, is that the stateless person be physically in the territory of the given state.
It was made clear in the Refugee Conference that this Article in no way impaired the right
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of Contracting States to control the admission and sojourn of refugees; in other words,
the issuance of an identity paper does not obligate the state to keep the stateless person
within its borders.
The Convention does not prescribe the nature of the identity papers. As said, they may be
temporary or final; they need not be official papers in the sense used in Europe and may
simply consist of a document showing the identity of the refugee. In countries where no
identity papers are required or issued, Article 27 would not impose on stateless persons an
obligation to possess one because its purpose is only to safeguard the interests of the
stateless persons, and not to stigmatize them in any way.
Article 28
Travel documents
The Contracting States shall issue to stateless persons lawfully staying in their territory
travel documents for the purpose of travel outside their territory, unless compelling
reasons of national security or public order otherwise require and the provisions of the
Schedule to this Convention shall apply with respect to such documents. The Contracting
States may issue such a travel document to any other stateless person in their territory;
they shall in particular give sympathetic consideration to the issue of such a travel
document to stateless persons in their territory who are unable to obtain a travel
document from the country of their lawful residence.
1.
There have been ample precedents for international arrangements regarding the
issuance of travel documents to refugees. In fact, the problem of travel documents was the one
with which the concern of the comity of nations for refugees actually began. The July 5, 1922,
Arrangements concerning the so-called Nansen certificates for Russian refugees; that of May 31,
1924, for Armenian refugees; the Arrangements of May 12, 1926, June 30, 1928, and July 30,
1935, dealt exclusively with travel documents. The 1933 and 1938 Conventions also imposed on
the Contracting Parties the obligations to issue travel documents, and the first post-Second World
War agreement, that of October 15, 1946, again treated of travel documents only. But there has
been no international convention regarding travel documents for non-refugee stateless persons.
This may account for the difficulties with which the conference was confronted as regards this
article.
2.
There was considerable opposition in the conference to the inclusion of this article.
Several reasons were given: one, that the relevant countries provide anyhow for the issuance
of travel documents to stateless persons (France, Australia); another, that it would be confusing
to issue to stateless persons travel documents modelled on a document for refugees; a third, that
Article 28 created a mandatory obligation, while the states wish to be free to refuse the issuance
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This was made clear in the Ad Hoc Committee, where it was the consensus that every refugee should be provided with
some sort of document certifying to his identity without prejudice to the application of other articles of the Convention or
the domestic regulations concerning the grant of rights to aliens (SR.38, p. 24).
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See the opening speech by the High Commissioner for Refugees (SR.2, p. 16) and the statement by the Dutch
representative (SR.11, p. 17).
186
SR.8, pp. 5-7.