ARTICLES OF THE 1954 CONVENTION, CANADA’S LEGAL FRAMEWORK AND INTERNATIONAL HUMAN RIGHTS OBLIGATIONS CHAPTER I: GENERAL PROVISIONS ARTICLE 1: DEFINITION OF THE TERM “STATELESS PERSON” 1. For the purpose of this Convention, the term “stateless person” means a person who is not considered as a national by any State under the operation of its law. 2. This Convention shall not apply: (i) To persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance; (ii) To persons who are recognized by the competent authorities of the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; (iii) To persons with respect to whom there are serious reasons for considering that: (a) They have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; (b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country; (c) They have been guilty of acts contrary to the purposes and principles of the United Nations. I. Background & Commentary The definition in Article 1(1) focuses on de jure stateless persons. This means persons who actually lack a nationality by virtue of the laws of any State, and such persons may include, but are not limited to, those who did not acquire a nationality by birth, or lost it by marriage.11 In order to establish proof of a lack of nationality from “any State”, the person has to provide proof from the country where they have a relevant link, such as country of origin, descent, marriage, habitual residence, adoption, etc.12 Nehemiah Robinson, Convention relating to the Status of Stateless Persons. Its History and Interpretation, Institute of Jewish Affairs, World Jewish Congress, 1955, reprinted by the Division of International Protection of the United Nations High Commissioner for Refugees 1997, at 7, available at: http://www.refworld.org/docid/4785f03d2.html [Robinson Commentary to the 1954 Convention]. 12 UN High Commissioner for Refugees (UNHCR), Handbook on Protection of Stateless Persons, 30 June 2014, at para. 18, available at: http://www.refworld.org/docid/53b676aa4.html [Handbook on Stateless Persons]; and Ibid., at 10. 11 7 7