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
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