ARTICLE 15: RIGHT OF ASSOCIATION As regards non-political and non-profit-making associations and trade unions the Contracting States shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible, and in any event, not less favourable than that accorded to aliens generally in the same circumstances. I. Background & Commentary There is no generally recognized interpretation of “lawfully staying”. However, based on the travaux préparatoires of the 1951 Refugee Convention there is some guidance on what it describes with respect to the 1954 Convention.149 “Lawfully staying” refers to stateless persons either lawfully admitted or whose illegal entry was legalized. It is understood not to refer to persons who although legally admitted or legalized, have overstayed the period of their lawful admission or violated any other conditions attached to their admission or stay.150 “Lawfully staying” is not meant to include individuals who are temporarily visiting for special reasons and for a specific period of time.151 While the drafters did not discuss in detail what they consider to be “visiting for special reasons”, the example provided was of a musician staying in a country for one or two nights in order to give concerts. Such a person would not be considered “lawfully staying” in the territory.152 The Handbook on Protection of Stateless Persons further clarifies and summarizes that “lawfully staying”: [E]nvisages a greater duration of presence in a territory. However, this need not take the form of permanent residence. Shorter periods of stay authorised by the State may suffice so long as they are not transient visits. Stateless persons who have been granted a residence permit would fall within this category. It also covers individuals who have temporary permission to stay if this is for more than a few months. Individuals recognised as stateless following a determination procedure but to whom no residence permit has been issued will generally be “lawfully staying” in a State party by virtue of the length of time already spent in the country awaiting a determination.153 In other words, “lawfully staying,” means a permitted, regularized stay of some duration.154 “Lawfully staying” is also the condition required for protection rights described in Articles 17, 19, 21, 23, 24 and 28 of the 1954 Convention. UN High Commissioner for Refugees, “Lawfully Staying” – A Note on Interpretation (3 May 1988), at para. 23, available at: http://www.unhcr.org/refworld/docid/42adk93304.html. [Lawfully Staying Interpretive Note] 150 Robinson Commentary to the 1954 Convention, supra note 11 at 36. “Lawfully staying” replaced the term “lawfully in the country”, which was the wording first used by the Ad Hoc Committee in drafting the 1951 Refugee Convention. It is believed by using “lawfully staying” in the 1954 Convention, the meaning is the same meaning as intended in the 1951 Refugee Convention. “Lawfully staying” is the English translation of French “résidant régulièrement” which formed the basis for understanding the scope of “lawful stay”. 151 Ibid., at 39. 152 Lawfully Staying Interpretive Note, supra note 149 at para. 6. 153 Handbook on Stateless Persons, supra note 12 at para. 137. 154 Lawfully Staying Interpretive Note, supra note 149 at para. 11. 149 32

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