Chapter 2. Europe and Statelessness
treatment of refugees and stateless non-refugees.407 Eventually, the Committee prepared
a Draft Convention Relating to the Status of Refugees and a Draft Protocol Relating to
the Status of Stateless Persons thereto, which led to the adoption of the Convention
Relating to the Status of Refugees in 1951. “This set the refugee and the stateless person,
who had until then been cast together in the eyes of the international community, on
diverging paths – a move which has had far-reaching consequences for the protection
of the stateless to this day”.408 In 1954, at a second conference of plenipotentiaries, it
was decided that the Draft Protocol Relating to the Status would become a convention:
the Convention Relating to the Status of Stateless Persons.409 The reasoning behind
a separate treaty, instead of a protocol to the 1951 Convention, was to allow states to
accede to an instrument for the protection of stateless people without having to become
a state party to the Refugee Convention first.410
The other statelessness convention, the Convention on the Reduction of Statelessness,
was drafted against the background of the existing 1930 Hague Convention and the
newly proclaimed right to a nationality in the UDHR.411 After preliminary work by the
ILC, a Conference took place in 1959 to discuss the draft Convention on the Reduction
of Future Statelessness as prepared by the ILC.412 However, negotiations were difficult
and states were unable to come to an agreement, in particular as regards deprivation of
nationality.413 The Conference on this matter was therefore reconvened in 1961, where
the 1961 Convention was eventually adopted.
When considering all of this together, the conclusion can only be that large-scale
denationalization and displacement had led to statelessness only further increasing
after World War I and during World War II. At the same time, the continent had
witnessed such atrocities that there was a need also for further responses in that regard.
The confrontation with all those people who were left displaced, with or without a
nationality, led states to adopt specific treaties on refugees and stateless people, as well as
recognize the need to legally distinguish them from each other. Indeed, the period after
the war included the adoption of the Statelessness Conventions to specifically respond
to the issue of statelessness, as well as the establishment of UNHCR. Furthermore,
as a response to inhumanity witnessed during the war, we saw the genesis of modern
human rights treaties. However, the need to (legally) address the dire situation after the
407
408
409
410
411
412
413
Guy S Goodwin-Gill, ‘The Rights of Refugees and Stateless Persons’ in K P Saksena (ed), Human
Rights Perspective & Challenges (in 1990 and Beyond) (World Congress on Human Rights, Lancers
Books 1994) 378–401, 381.
Laura van Waas, ‘The UN Statelessness Conventions’ in Alice Edwards & Laura van Waas (eds),
Nationality and Statelessness under International Law (Cambridge University Press 2014) 67.
On the 1951 Convention and 1954 Convention and the draft ing process see also Michelle Foster &
Hélène Lambert, International Refugee Law and the Protection of Stateless Persons (Oxford University
Press 2019) 31–46.
Laura van Waas, ‘The UN Statelessness Conventions’ in Alice Edwards & Laura van Waas (eds),
Nationality and Statelessness under International Law (Cambridge University Press 2014) 68.
Ibid, 70.
Paul Weis, Nationality and Statelessness in International Law (2nd ed, Sijthoff & Noordhoff
International Publishers 1979) 166.
Ibid, 166.
Intersentia
75
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