3.
Paragraph 1 deals with the expulsion of stateless persons lawfully in the country, which
means that no such safeguards exist in favour of stateless persons unlawfully in the territory of
the state, except those which may result from the application of the Resolution of the Final Act
discussed below. In other words, while, as a rule, stateless persons lawfully in a country may not
be expelled except on the grounds and in the manner prescribed in Article 31, illegal stateless
persons may be expelled without such grounds, and without the guarantee of para. 2, except
insofar as the aforesaid Resolution may apply.
The prohibition of the expulsion of stateless persons lawfully in the country means in
substance that, once a stateless person has been admitted or legalized, he is entitled to
stay in the country indefinitely and can forfeit this right only by becoming a national security
risk or by disturbing public order and provided these grounds are established in
accordance with the procedure prescribed in para. 2.
4.
There was no unanimity in the Stateless Persons Conference regarding the interpretation
of the word “lawfully”. The representative of Sweden thought that this word was open to two
interpretations: stateless persons who had lawfully entered a country whose permission to stay
had not elapsed or those who has entered the country unlawfully and had subsequently obtained
permission to stay. On the other hand, the representative of Denmark thought that overstaying
the period for which a stateless person who entered the country lawfully was admitted might be
deemed for convenience to constitute a breach of “public order”, meaning that such a person
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could not per se be regarded as “lawfully” in the country. It is to be assumed that the
interpretation put on the word “lawfully” by the Swedish representative is correct and that it cannot
be considered expulsion if a stateless person, who was admitted to a Contracting State on a
temporary basis with a travel document issued by another Contracting State, is refused
permission to stay there beyond the authorized period. Technically he would be a refugee
“unlawfully” in the country.
5.
The meaning of “national security or public order” is the same as elsewhere in the
Convention (e.g. Article 28). There was some dissatisfaction in the Ad Hoc Committee and the
Refugee Conference with the vagueness of the expression “public order” and the different
interpretations given to the term in different countries, because of the existing divergencies in the
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social systems or legal prohibitions. The Committee felt that it was necessary to take into,
account the meaning which this term had acquired in certain systems of law. It was of the opinion
that the deportation of aliens who had been convicted of certain serious crimes would be
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permissible under this article, if such crimes are considered in that country as violations of
“public order”. The Refugee Conference felt that specification of grounds for deportation must be
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left to the Jurisdiction of the state concerned . On the other hand, "public order" would not in the
view of the Ad Hoc Committee, permit the deportation of aliens on “social grounds”, such as
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indigence or illness or disability. Deportation on the basis of indigence would also conflict with
Article 23 of the Convention.
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It was this contention which induced the British representative in this conference to propose the substitution of the
words "habitually resident" for the expression "lawfully". A lively exchange of views for and against the change ensued,
which resulted, as stated above, in the decision to leave the article unchanged.
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For a discussion of this term and its meaning in French and common law, see i.a. Document E/L.68 (a paper submitted
to the ECOSOC by the UN Secretariat in connection with the draft Covenant on Human Rights) and E/CN.4/528, pp. 7176.
219
For the view of the Refugee Conference on expulsion of common criminals, see i.a. SR.3, p. 15 (the British
representative). See also the unchallenged statement by the British representative in SR.14, p. 24 of the Refugee
Conference that "public order" was deemed to include matters relating to crime and public morals.
220
221
SR.14, p. 18.
E/ 1850, para. 29. Cf. also the statement by the French, Canadian and British representatives, who summed up the
discussion in the conference as "making it clear that the words 'public order' could not be construed as including mere
indigency" (SR.15, pp. 8 ff). See also Resolution 309 (XI) B of the ECOSOC and E/AC.32/SR.20, para. 75 ff. and
E/AC.32/SR.40, pp. 23 and 28. Such a reservation appeared advisable because in many continental states destitute
aliens are, without formalities, arrested by the police and reconducted to the frontier (Oppenheim, op.cit., p. 634).