considers sympathetically the possibility of according to that person the
treatment which the Convention accords to stateless persons.129
The scope of the 1961 Statelessness Convention is also limited to de jure stateless
persons. It was once again assumed by the drafters that de facto stateless persons
would be refugees who would enjoy protection under the 1951 Refugee Convention
and thus fall under UNHCR’s mandate.130 The Convention’s Final Act includes a
recommendation similar to, but broader than, the recommendation included in the
1954 Stateless Persons Convention.131
States have the discretion to determine under their own law who will be recognized
as stateless persons in accordance with the definition set out in the 1954 Stateless
Persons Convention. States may decide to extend the benefits of the Convention to
de facto stateless persons.
The 1954 Stateless Persons Convention offers stateless persons the most basic
guarantees necessary to conduct a stable life. The standard of treatment prescribed
for stateless persons is similar to the one applied to refugees, except for the right
of association and the right to employment, for which the standard of treatment
accorded to stateless persons is lower than the one accorded to refugees, who are
entitled to most-favored-nation treatment.132
The 1961 Statelessness Convention includes provisions on the acquisition of
nationality (Articles 1–4),such as “[a] contracting state shall grant its nationality to
a person born in its territory who would otherwise be stateless” (Article 1); on loss,
renunciation or deprivation of nationality (Articles 5–9), such as “[a] contracting
state may not deprive any person or group of persons of their nationality on racial,
ethnic, religious or political grounds” (Article 9); and a provision on nationality in
the case of transfer of territory (Article 10).133
Persons (including stateless Palestinian refugees) whose refugee status is
recognized under the 1951 Refugee Convention are covered by that Convention.
However, persons whose refugee status is not recognized under the 1951 Refugee
Convention, including stateless Palestinian refugees who are not recognized under
Article 1D, are eligible for the protection of the 1954 Stateless Persons Convention,
as long as they are not “at present receiving [protection or assistance] from organs
129
22
United Nations, “Final Act of the United Nations Conference on the Status of Stateless Persons”
(Treaty Series, vol. 360, p. 117, September 28, 1954), Treaty No. 1:5158, full text available at http://
www.ehu.es/ceinik/tratados/16TRATADOSSOBREREFUGIADOS/161RefugiadosApatridasyAsilo/
TR1615ING.pdf, item 3.
130
Batchelor, “Stateless Persons,” 250.
131
Ibid., 258.
132
BADIL, Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States
Signatories to the 1951 Refugee Convention, I (Bethlehem, Palestine: BADIL Resource Center
for Palestinian Residency and Refugee Rights, 2005), 121, http://www.BADIL.org/en/lawyersresources/itemlist/category/206-2005handbook.
133
Ibid., 122.
Handbook on Protection of Palestinian Refugees
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents