122 - 126
PART THREE: STATUS OF
STATELESS PERSONS AT
THE NATIONAL LEVEL
A. INTERNATIONAL LAW AND THE STATUS OF
STATELESS PERSONS
125.
The status set out for stateless persons in the 1954 Convention is modelled
on that established for refugees in the 1951 Convention. Comparison
of the texts of the two treaties shows that numerous provisions of the
1954 Convention were taken literally, or with minimal changes, from the
corresponding provisions of the 1951 Convention. This is largely because
of the shared drafting history of the 1951 and 1954 Conventions which both
emerged from the work of the Ad Hoc Committee on Statelessness and
Related Problems that was appointed by the Economic and Social Council
in 1949.75 As a result, the Travaux Préparatoires of the 1951 Convention are
particularly pertinent in interpreting the 1954 Convention.76
126.
As with the 1951 Convention, the rights set out in the 1954 Convention are
not limited to individuals who have been recognised as stateless following
a determination made by a State or UNHCR. A person is stateless from the
moment he or she satisfies the criteria in the 1954 Convention definition,
any determination of this fact being merely declaratory. Instead, the rights
afforded to an individual under the Convention are linked to the nature
of that person’s presence in the State, assessed in terms of degree of
attachment to the host country.
75
Resolution 248 (IX) (B) of 8 August 1949. Although the protection of stateless persons was
initially intended to be addressed in a Protocol which would apply mutatis mutandis most
of the substantive rights set out in the 1951 Convention, it was subsequently decided to
adopt a standalone instrument, the Convention relating to the Status of Stateless Persons.
For additional information on the drafting history, please see the detailed account of
the Travaux Préparatoires in UNHCR, Convention Relating to the Status of Stateless
Persons: Its History and Interpretation – A Commentary by Nehemiah Robinson, 1955,
http://www.unhcr.org/refworld/pdfid/4785f03d2.pdf (“Robinson Commentary to the 1954
Convention”).
76
Please see, in particular, paragraphs 132-139 below on the scale of rights accorded to
stateless persons under the 1954 Convention depending on their level of attachment to the
State party.
PART THREE
(1) Parallels between the status of refugees and stateless persons
45