3.4.2.4 IDENTIFICATION AND TRAVEL DOCUMENTS Article 27 of the 1954 Convention stipulates: “The Contracting States shall issue identity papers to any stateless person in their territory who does not possess a valid travel document.” Article 27, by its own terms, requires that State parties “issue identity papers to any stateless person in their territory who does not possess a valid travel document” (emphasis added). Thus, where a State party imposes conditions on a stateless person in order for the individual to obtain identity papers, including conditions relating to residence permits, it is a violation of Article 27. Further, because Article 27 expressly requires that State parties issue identity papers to any stateless person “who does not possess a valid travel document,” the Convention expressly contemplates situations where the stateless individual does not have other documents and thus has difficulty establishing his or her identity.287 In Lithuania, decisions as to personal identification documents are made by the Migration Department. The documents are issued by the territorial migration agencies, the Migration Department, or prison facilities. These Government-issued documents are recognized by other Lithuanian Government agencies and private entities. Currently, Lithuanian law does not provide for the issuance of identity papers to a stateless person on the sole grounds of statelessness. For stateless persons in Lithuania who have residence permits, this permit serves as their identification. Stateless asylum-seekers are issued an alien’s registration certificate within 3 working days of lodging the asylum application.288 The document certifies the right to stay on the territory of the Republic of Lithuania or, in cases where the identity of the asylum applicant has been established, his or her identity.289 Persons with “unresolved” legal status are provided with an identification document once their identity is established and their legal status is “resolved,” meaning that persons who do not qualify for “resolution” of their legal status are not entitled to these documents under domestic law. If an “unreturnable” person is issued a temporary residence permit because the obstacles to removal persist for twelve months, the residence permit serves as an identity document. Importantly, however, “unreturnable” persons face obstacles obtaining identity documents because establishing their identity is problematic.290 Article 28 is among the “lawfully staying” rights. It provides in full: 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. 64 287 Given the nature of statelessness, applicants for statelessness status are often unable to substantiate the claim with much, if any, documentary evidence. Statelessness determination authorities need to take this into account, where appropriate giving sympathetic consideration to testimonial explanations regarding the absence of certain kinds of evidence UNHCR Handbook on Protection of Stateless Persons, para 90 (discussing burden of proof). 288 Law on the Legal Status of Aliens, Article 78(1). 289 Law on the Legal Status of Aliens, Ibid, Article 2(30). 290 Interview with a representative of the FRC, 17 August 2012. M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A